Last updated: March 1, 2023
Introduction
Welcome to the Intex Pools® Above Ground Pools, Pools Parts website at intex-pools.com (the “Site”). This Site is operated by Intex Recreation Corp. (“Intex”, “we”, “us” and “our”). By accessing and using this Site and any services made available on or through this Site, you agree to be bound by these Terms & Conditions and Privacy Policy (the “Terms”). Please read them carefully.
We may change these Terms from time to time. The most current version will be posted on this page. You should check back frequently, as your continued use of the Site signifies your acceptance of any changes.
Use of the Site
You may use the Site only for lawful purposes. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may apply to your use of the Site.
Registration. To access certain features or services through the Site, you may be required to register and select a login name and password. When registering, you agree to provide true, accurate, current and complete information about yourself. You are solely responsible for all activities occurring under your login credentials, and you shall not share your account information with any third party. You are solely responsible for maintaining the confidentiality of your login credentials, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account.
Use Restrictions. You may not:
- Copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Interfere with or disrupt the operation of the Site, including restricting or inhibiting any other person from using the Site.
- Frame or utilize framing techniques to enclose any Intex trademark, logo or other proprietary information.
- Use any robot, spider, crawler, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Upload invalid data, viruses, worms or other software agents through the Site.
Security. You are prohibited from violating or attempting to circumvent the security of the Site, including but not limited to:
- Accessing data not intended for you, or logging into a server or account which you are not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network.
- Attempting to interfere with service to any user, host or network.
- Forging any TCP/IP packet header or any part of the header information in any email or posting.
- Using manual or automated software, devices, scripts, robots or other means to access, scrape or crawl the Site.
- Introducing any viruses, worms, malware or other similar harmful software into the Site.
User Content. You are solely responsible for any content you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Site (“User Content”). You must have all necessary rights to be able to provide your User Content and grant the licenses specified below. You represent and warrant that your User Content does not infringe any intellectual property or other right of any third party, and that you have obtained any necessary permissions for the use of third party content included in your User Content. We reserve the right to remove any User Content from the Site without notice.
Intellectual Property. The Site contains trademarks, service marks, graphics, photographs, videos, text, images, designs, software, applications, audio/visual content and other information (“Intex Content”). Intex Content is protected under copyright, trademark and other laws of the United States and foreign countries. Except as explicitly stated in these Terms, Intex does not grant any express or implied rights to use Intex Content. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, modify, adapt, rent, sell, loan or create derivative works based on Intex Content in any way without our prior written permission.
Products & Pricing
Product Availability. We make reasonable efforts to be as accurate as possible with product images, descriptions and pricing. However, we do not guarantee that such information is error-free. Prices and product availability may change without notice. Certain weights, measures and other descriptions are approximate and are provided for convenience purposes only. We make reasonable efforts to display colors of products as accurately as possible. However, as the actual colors you see depend on your monitor and various other factors, we cannot guarantee that the actual display of any color will be accurate.
Product Pricing. Despite our best efforts, a small number of the items in our catalog may be mispriced. We are not obligated to provide any product to you at the incorrect lower price even if we have accepted your order, you were charged for the product and your credit card was authorized. If we determine that a product in your order was incorrectly priced, we will cancel that portion of your order and you may choose to order the product at its correct price.
Taxes. You are responsible for paying any applicable taxes relating to your use of the Site, purchases made through the Site, and any transactions associated with Intex products and services. We will charge tax when required by applicable law.
Accuracy of Information
We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Site. For any product purchased on the Site, we will make reasonable efforts to provide important product information such as size, weight, quantity, etc., as accurately as possible. However, we do not warrant that such specifications, color or other product information is accurate, complete, reliable, current or error-free.
Disclaimers
THE INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER INTEX NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
- THE SITE;
- THE INTEX CONTENT AND USER CONTENT;
- USER INFORMATION;
- PRODUCTS SOLD THROUGH THE SITE;
- SERVICES OFFERED THROUGH THE SITE; OR
- SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO INTEX OR VIA THE SITE.
IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE SITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES. INTEX DOES NOT REPRESENT OR WARRANT THAT SUCH THIRD PARTY SITES OR MATERIALS ARE FREE FROM INACCURACIES, ERRORS, DEFECTS, OMISSIONS, VIRUSES OR OTHER LIMITATIONS, OR THAT ACCESS TO SUCH SITES WILL BE TIMELY OR UNINTERRUPTED. IN NO EVENT SHALL INTEX BE LIABLE FOR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THE USE OF ALTERNATIVE SITES AND MATERIALS, EVEN IF ADVISED IN ADVANCE OF SUCH POSSIBILITY.
UNDER NO CIRCUMSTANCES SHALL INTEX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF INTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL INTEX BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF INTEX TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO INTEX FOR USING THE SITE.
Limitation on Time to Initiate a Dispute
Unless otherwise required by law, any cause of action or claim you may have arising out of or relating to these terms or the Site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Indemnification
You agree to indemnify, defend and hold harmless Intex and our partners, attorneys, staff and affiliates from and against any and all claims, demands, losses, costs, expenses, damages or liabilities (including attorneys fees and costs) arising out of or relating to:
- Your (i) use of the Site, (ii) violation of these Terms, (iii) violation of applicable law or any agreement with Intex, or (iv) User Content;
- Any product purchased or service engaged through the Site;
- Your acts, omissions, conduct or activity in connection with the Site; or
- Any other party’s access and/or use of the Site with your unique username, password or other appropriate security access credential(s).
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of California, without respect to its conflict of law principles. Any dispute between you and Intex regarding these Terms or the Site will be resolved exclusively in the state or federal courts located in Los Angeles, California, and you consent to personal jurisdiction and waive any objection to inconvenient forum. If any provision of these Terms is found to be invalid under any applicable law, such provision will be deleted without affecting the remaining provisions herein.
Termination
We reserve the right, without notice and in our sole discretion, to terminate or restrict your access to the Site and its content. We may terminate or restrict your access if we determine that you have violated these Terms or that such termination or restriction is necessary for legal or compliance reasons.
Questions
If you have any questions regarding the Site or these Terms, please email us at: info@intex-pools.com
