Terms of Service

Last Updated: March 27, 2023

Contents

1. Welcome
2. Who We Are
3. Eligibility
4. Privacy
5. Disputes and Agreement to Arbitrate
6. Intellectual Property
7. Notice of Copyright Infringement
8. Registration for an Account
9. Returns, Refunds, Shipping, & Order Cancellations
10. Comments and Other Submissions
11. License and Site Access
12. Third-Party Site and Hyperlinks
13. Your Responsibilities
14. Termination or Restriction
15. Risk of Loss
16. Product Information
17. Online Store Terms
18. Accuracy of Account and Billing Information
19. Indemnification
20. Severability
21. Mobile Terms of Service
22. Disclaimer of Warranties and Limitations on Liability
23. Other Legal Provisions
24. Contact Us

1. WELCOME

Welcome to the EZ Pool & Spa Supply, LLC website and all affiliated domains, apps, or services that link to these Terms of Service, through related applications, in-store data collection forms or devices, and any location where these Terms of Service are posted (collectively the “Site”). The following terms together with any rules, program terms, guidelines, policies, and directions govern your use of the Site (“Agreement”, “Terms”, “Terms of Service”). By using this Site and/or making a purchase on this Site, you are acknowledging and agreeing to the Terms of Service, Privacy Policy, and Shipping, Returns, & Warranty Policies. 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 take a few minutes to review this Agreement carefully. By using the Site, you agree to be bound by this Agreement. This Agreement applies to all users of the Site, including users who view material, buy products, and/or register for accounts or programs on the Site.

Any new features, products, content, or tools that are added to the 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 updating this page. 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.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING A SITE. YOUR ACCESS AND/OR USE OF A SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS THE SITE. Notice Regarding Dispute Resolution: These Terms contain provisions that govern how claims you and EZ Pool & Spa Supply, LLC (or any member of the Family of Businesses) have against each other relating to the Site are resolved (see Section 22 on “Arbitration” below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 22, “Arbitration” below. The Arbitration Section (Section 22) was most recently updated on July 5, 2022.

2. WHO WE ARE

We are EZ Pool & Spa Supply, LLC, including all of its affiliates, subsidiaries, and brands (“EZ Pool & Spa Supply, LLC,” “we,” “us,” “our”). Our headquarters are located at 26 Main Street, Plaistow, New Hampshire, USA. If you have any questions about this Agreement, our Privacy Policy, or the Site, (including returns/exchanges/refunds/cancellations) you may contact us at the applicable email provided below or the customer service number listed on the Site’s contact us page.

3. ELIGIBILITY

The Site is a general-purpose site and is not targeted towards children under the age of thirteen (13). By accessing or using the Site, including by registering an account on a Site, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence) and are not a resident outside of the United States. If you are under the age of eighteen (18) or the age of majority if higher in your place of residence, you should use the Site only with the involvement of a parent or legal guardian.

For purchases and access outside the US, please contact us.

4. PRIVACY

Please review our Privacy Policy to understand our privacy practices and how we protect and use your information. This Agreement incorporates the terms and conditions of our Privacy Policy. Our Privacy Policy applies to your access and use of the Site, including any personal information provided via the Site or via any other aspect of the Site. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms. In addition, the Privacy Policy is subject to the terms and conditions of these Terms, and in the event of conflict between these Terms and the Privacy Policy, these Terms shall govern and prevail. The Site is not intended for residents of or visitors outside of the United States.

5. DISPUTES AND AGREEMENT TO ARBITRATE

Except where and to the extent prohibited by law by using the Site, you and we agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:

• To us at: EZ Pool & Spa Supply, LLC, Attention: Legal Department, 26 Main Street, Plaistow, NH 03865
• To you at: your last-used billing address or the billing and/or shipping address that you provide us.

You and we agree that this dispute resolution procedure is a condition that must be satisfied before initiating any other action or filing any claim against the other party. IF ANY DISPUTE (including any dispute between you and a third-party agent of EZ Pool & Spa Supply) CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of these terms are void or voidable.

Waiver of Certain Rights from Court. The parties understand that, absent this mandatory provision, they would have the right to sue in court. Court proceedings generally provide greater discovery rights, a judge or jury trial, and could provide greater opportunity for appellate review. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation.

Class Action Waiver. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS

YOU AGREE THAT BY ENTERING INTO THESE TERMS, IN PARTICULAR THE AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST EZ POOL & SPA SUPPLY, LLC ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU ACKNOWLEDGE THAT BY ENTERING INTO THESE TERMS, YOU INTEND TO BE LEGALLY BOUND AND, IN ADDITION TO OTHER GOOD AND VALUABLE CONSIDERATIONS, YOU AGREE THAT EZ POOL & SPA SUPPLY, LLC AGREEMENT TO ARBITRATE CLAIMS CONSTITUTES CONSIDERATION FOR SUCH WAIVER. THE CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT TO ARBITRATE AND CAN NOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE DISPUTES.

6. INTELLECTUAL PROPERTY

Trademarks: EZ Pool & Spa Supply, EZ Pool & Spa Supply, LLC, E-Z Test Pool Supplies, Inc., and other trademarks, service marks, logos, trade names, trade dress, titles, and product names appearing on our Site are trademarks or registered trademarks of EZ Pool & Spa Supply, LLC and its affiliates, subsidiaries, licensors and licensees in the United States and/or other countries. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark owned or controlled by us or any third party.  Copyright: All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Site are the copyrighted property of us or our third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of ours or any third party. The Site and the information contained on the Site are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Site, or use the contents of the Site in litigation, or for any commercial or promotional purposes, without the express written consent of EZ Pool & Spa Supply, LLC or its lawful successors and assigns. For usage permission, please contact us via email at marketing@eztestpools.com.

7. NOTICE OF COPYRIGHT INFRINGEMENT

We respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

1. Description of the copyrighted work claimed to have been infringed;
2. Identification of the allegedly infringing material on the Site including the URL where the material is available or a copy of it;
3. The name, address, daytime telephone number, and email address of the person submitting the notice, so that we may contact you;
4. A statement in “good faith belief” that the use of the work is not authorized by the copyright owner, its agent, or the law;
5. A statement that all of the information in the notification is accurate and, under penalty of perjury, that the signatory is the copyright owner or authorized to act on behalf of the copyright owner; and
6. An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf.

Our copyright agent for notice of claims of copyright infringement on the Site is EZ Pool & Spa Supply’s Legal Compliance counsel, who can be reached as follows: EZ Pool & Spa Supply, LLC Attn: Legal Compliance 26 Main Street Plaistow, New Hampshire, 03865

8. REGISTRATION FOR AN ACCOUNT

You do not have to register to view the Site, however, you must be eligible and register for an account to access certain services or areas of the Site. To register, you must create a user account, which requires you to provide your email address, mailing address, phone number, and select a password. You must provide accurate, complete, and updated registration information. You are solely responsible for all activity that occurs under your account, password, or profile, and you must keep your account password secure. You must use a valid email address that you own/control. You are fully responsible for your failure to safeguard information and/or to permit any other person to use the Site with your profile and/or account. You may not sell or transfer your profile or account. You must notify EZ Pool & Spa Supply immediately of any breach of security or unauthorized use of your account. We will not be responsible for any losses caused by any unauthorized use of your account. EZ Pool & Spa Supply reserves the right to refuse registration or terminate, suspend, or cancel access to a user account at any time in its sole discretion, for any reason. Such suspension or cancellation of your account will mean that you may lose access to the Site, your account details, and any content therein. You may also terminate or discontinue your own account at any time by sending an email request to cs1@eztestpools.com.

9. RETURNS, REFUNDS, SHIPPING, & ORDER CANCELLATIONS

Please see the applicable pages for: Privacy Policy and Shipping, Warranty, & Returns Policies. Or contact Customer Service at the number listed on the Site’s contact us page.

10. COMMENTS AND OTHER SUBMISSIONS

We welcome your comments and feedback about the Site and our products. In some places, the Site enables you to upload, store, and send content such as photographs, images, product reviews, testimonials, suggestions, ideas, comments, or other communications (collectively, “Comments”). When you send Comments to us, whether through the Site, social media, email, phone, postal mail, or otherwise, you give EZ Pool & Spa Supply permission to reproduce and use your Comments as follows: you grant to us and those we work with a license without restriction to use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, copy, host, store, publicly perform, and publicly display the Comments in any medium now known or later developed. You should not submit any Comments to us that you do not wish to license to us. Our license to your Comments is non-exclusive, meaning you may use the Comments for your own purposes or let others use your Comments for their purposes. This license is fully-paid and royalty-free, meaning we do not owe you anything else in connection with our use of your Comments. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site. EZ Pool & Spa Supply is under no obligation: (1) to maintain Comments in confidence; (2) to pay compensation for Comments; (3) to respond to Comments; or (4) to use Comments. We have the right to refuse Comments such as product reviews for any reason. You grant EZ Pool & Spa Supply, LLC the right to use the name you submit with your Comments. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. 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 agree to clearly and conspicuously disclose if you received compensation or other incentives of any kind, from any source, in exchange for posting Comments. You are solely responsible for any Comments you make and their accuracy. EZ Pool & Spa Supply takes no responsibility and assumes no liability for any Comments posted by you or any third party.

11. LICENSE AND SITE ACCESS

We grant you a personal, limited, revocable license to access and make personal use of the Site but not to download (other than page caching) or modify any portion of the Site. This license does not include any resale or commercial use of the Site or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.  Unless you have our prior express written consent, you may not: (1) reproduce, duplicate, copy, sell or otherwise use any portion of the Site for commercial purpose, (2) frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EZ Pool & Spa Supply and its affiliates, licensors or licensees, or (3) use meta tags or any other hidden text using our brand names or trademarks. Any unauthorized use will immediately terminate the license granted by us.  You are granted a limited, revocable right to create a hyperlink to the home page or catalog pages of the Site so long as the link does not portray EZ Pool & Spa Supply or its brands, products, or services in a false, misleading, derogatory, or otherwise offensive manner as determined by us in our sole discretion. You may not use any of our logos or other proprietary graphics or trademark as part of the link without our express written permission. Any permitted links to the Site must comply will all applicable laws, rules, and regulations.

12. THIRD-PARTY SITES AND HYPERLINKS

The Site may contain hyperlinks (“links”) to other websites not under the control of EZ Pool & Spa Supply or to websites operated by a third party. We provide such links for your reference and convenience only. EZ Pool & Spa Supply has no responsibility for these third-party websites nor does linking mean EZ Pool & Spa Supply endorses the website. If you use the links, you will leave our Site and your activities will be governed by other terms and conditions and privacy practices. We strongly encourage you to make any investigation you feel necessary before proceeding with a transaction with any of these third parties.

13. YOUR RESPONSIBILITIES

You are responsible for your use of the Site and any use made using your account. By using the Site, you agree not to violate or attempt to violate the security of the Site, including:

1. Gain access, or attempt to gain access, to any portion of a Site, or any systems or networks connected to a Site, by hacking, password mining or any other illegitimate or unlawful means;
2. Create or maintain any link from another website to any page on a Site without EZ Pool & Spa Supply, LLC prior written permission;
3. Run or display a Site (or any material on a Site) in frames or through similar means on another site, application or location, without EZ Pool & Spa Supply, LLC prior written permission;
4. Modify the information or materials located on a Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose;
5. Use any deep-link, page-scrape, robot, spider, website search application or other automatic devices, program or methodology, or any similar or equivalent manual process, to access, copy, retrieve, monitor, mirror, reproduce or index a Site, or any portion of a Site;
6. Collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses or accounts;
7. Create or transmit unsolicited electronic communications, such as spam, use any device, software or routine to interfere or attempt to interfere with the proper working of a Site, or otherwise interfere with users' enjoyment of a Site;
8. Transmit or upload to a Site any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of a Site or adversely affect a user;
9. Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on a Site or the IT infrastructure used to operate a Site;
10. Submit or post to a Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use a Site to transfer, communicate or store illegal material;
11. Scan or test the vulnerability of a Site or any network connected to a Site;
12. Access or use a Site or any User Content (as defined below) in any manner which would violate any applicable local, state, federal or international law (including any laws regarding the export of data or software to and from the United States or other countries); or
13. Attack a Site via a denial-of-service attack or a distributed denial-of-service attack or similar means.
14. Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures;
15. Sending an unsolicited or unauthorized email, text, or other solicitation; 
16. Interfering with, limiting, destroying, or disrupting the Site, services connected to the Site, or otherwise interfering with the technological operations or services of the Site;
17. Violating, infringing, or misappropriating other people’s intellectual property, privacy, publicity or other legal rights;
18. Sharing or posting a Comment or information that is false, misleading, harmful to reputation, abusive, harassing, vulgar, obscene, libelous, hateful, or racially, ethnically, or otherwise objectionable, as determined by us in our sole discretion;
19. Spidering or harvesting or otherwise automatically collecting any information or data from the Site;
20. Attempting to scrape or crawl any pages on the Site; 
21. Copying, deciphering, disassembling, creating a derivative work of, reverse engineering, decompiling, or otherwise attempting to extract any of the software or other underlying code used to provide the Site;
22. Violating any law, regulation, or order; or
23. Advocating, encouraging, or assisting anyone in doing any of the above. 

14. TERMINATION OR RESTRICTION

We reserve the right, in our sole discretion, to terminate or restrict your access to the Site, refuse service, or cancel orders.

15. RISK OF LOSS

All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, EZ Pool & Spa Supply. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when we deliver these items to the carrier.

16. PRODUCT INFORMATION

We attempt to accurately describe the products we sell and services on the Site. We do not warrant that product and service descriptions or other content of the Site are complete, reliable, current, or error-free.

We have made every effort to display and describe as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see depend on your computer monitor and other factors beyond our control, we cannot guarantee that your computer's display of any color on the Site will be accurate. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars.

17. ONLINE STORE TERMS

By accessing the Site, 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 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 for our products are subject to change without notice.

Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and are subject to return or exchange in accordance with the Site’s Return Policy.

The receipt of an order confirmation email does not constitute the acceptance of an order or a confirmation of an offer to sell. EZ Pool & Spa Supply reserves the right to decline any order, limit the order quantity on any item, or refuse service to any customer.

Purchases made using credit cards will be authorized at the time of checkout and charged at the time of order fulfillment. Canceled or partially canceled credit card orders will only be billed for the fulfilled items.

Purchases made using payment methods other than credit cards will be charged at the time of checkout. Canceled or partially canceled orders using non-credit card methods will be refunded at the time of order fulfillment.

If your order is declined or the quantity of an item you’re ordering is decreased, we will contact you using the phone number or email address you provided at the time of checkout.

If payment cannot be charged to your credit card or a payment is returned for any reason, including chargebacks, we reserve the right to terminate your access to the Site.

Orders are shipped FOB. Shipping carriers will vary depending on price, delivery date estimates, and several other factors. Your order may arrive by USPS, FedEx, UPS, or LTL freight (larger items). Orders may be delivered in multiple packages at different times. Verification of information may be required prior to the acceptance of any order.

EZ Pool & Spa Supply accepts tax-exempt orders. You may complete your order and then email a copy of your tax exemption letter and order number to: order.support@eztestpools.com. After your request has been reviewed, your order total will be adjusted.

Sales tax, shipping costs, freight charges, and fuel surcharges do not qualify for discounts and do not count towards the total needed to reach a discount. Promotions such as sales, promo codes, and discounts are subject to be terminated at any time for any reason. Prices and offers are subject to change without notice.

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 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 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.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors

18. ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate billing, shipping, and account information for all purchases. In the event that we make a change to an order or cancel an order, we may attempt to notify you by contacting the e-mail address, billing address, or phone number provided at the time the order was made. Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

A breach or violation of any of the Terms will result in an immediate termination of the Agreement.

19. INDEMNIFICATION

You agree to indemnify, defend and hold harmless EZ Pool & Spa Supply 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 or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

20. SEVERABILITY

In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

21. MOBILE TERMS OF SERVICE

The EZ Pool & Spa Supply mobile message service (the "Service") is operated by EZ Pool & Spa Supply (“EZ Pool & Spa Supply”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to EZ Pool & Spa Supply's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of EZ Pool & Spa Supply through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with EZ Pool & Spa Supply. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18556511977 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other EZ Pool & Spa Supply mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18556511977 or email marketing@eztestpools.com.

We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

We may change the Text Program terms or end the Text Programs at any time.

21. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE SITE ARE PROVIDED BY EZ POOL & SPA SUPPLY, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EZ POOL & SPA SUPPLY, LLC MAKES NO REPRESENTATIONS, CONDITIONS, AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES, OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. EXCEPT WHERE PROHIBITED BY LAW, EZ POOL & SPA SUPPLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not assume any responsibility, and shall not be liable for any damages to, or viruses or other harmful or malicious code that may infect or affect, your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of a Site, linking to a third party site, or your downloading of any materials or information from a Site and will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.

IN NO EVENT WILL EZ POOL & SPA SUPPLY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITE OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO US THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

22. OTHER LEGAL PROVISIONS

We may discontinue, change, suspend, or cancel the contents, operation, or features of the Site at any time for any reason, without notice. We reserve the right to update and/or change the terms of this Agreement. This Agreement was last updated on the date indicated above. Your continued use of the Site indicates your agreement with the then-current terms. Our failure to enforce any provision of this Agreement or respond to a breach by you or other parties will not in any way prevent us from enforcing such right or provision or responding in the future. This Agreement may be assigned by us, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns, and/or licensees. If any provision in this Agreement is invalid or unenforceable, that provision will be deemed superseded by a valid provision that matches the intent of the original provision and the remaining provisions will continue in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to any conflict of law principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). All rights not expressly granted herein are hereby reserved to EZ Pool & Spa Supply, LLC.

23. CONTACT US

If you have any questions or concerns regarding the Site or this Agreement, please contact us by email at order.support@eztestpools.com or write to us at the following address:

EZ Pool & Spa Supply
Attention: Legal Department
26 Main Street
Plaistow, New Hampshire, 03865