The Heritage Pool Supply Group, Inc. (“Heritage”) Web Site (the "Site") is an online store where a Buyer can purchase pool supplies, and is available subject to your compliance with the terms and conditions set forth below. Nothing in this Site shall be construed as creating any warranty or other obligation on the part of Heritage. All references to “Buyer” and “you” include the entity placing the order and parent(s), subsidiaries, and affiliates of the entity placing the order.
ARBITRATION NOTICE: SUBJECT TO THE EXCEPTIONS IN THE “DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER” AND THE OPT-OUT OPTION SET FORTH BELOW, THE PARTIES AGREE THAT DISPUTES BETWEEN THEM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JUDGE OR JURY IN REGARDS TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND Heritage.
Agreement. Please read the following information carefully before using this Site. By clicking the “I accept” button when you proceed through the checkout process, you agree to be bound by this Agreement. If you do not agree with any part of the Agreement, do not use this Site. Heritage reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
Disclaimer of Warranties. THIS SITE, THE MERCHANDISE, AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result, the above may not apply to you. These warranties are hereby excluded to the fullest extent permissible by law.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL HERITAGE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR THE MERCHANDISE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Heritage’s’ liability is limited to the greatest extent permitted by law, or the amount paid for your order, whichever is less.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
|“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”|
Payment. By purchasing supplies, you agree to pay the amounts owed to Heritage via the Heritage Credit or Cash Customer Account Application forms, which are required to be completed and signed by Buyer (or its authorized representative) prior to establishing an account with Heritage. Payment is required prior to or upon delivery. If payment terms are COD, Heritage may, in its sole discretion, require prepayment for special order products. Heritage may, in its sole discretion, apply Buyer's payment against any open charges. Billing adjustments of any kind must be approved in writing by Heritage’s authorized personnel. At this time, we are not accepting any other method of payment.
Order Acceptance and Cancellation. Buyer’s receipt of an electronic or other form of order confirmation does not signify Heritage’s acceptance of Buyer’s order because orders are contingent upon product availability. Heritage reserves the right at any time after receipt of Buyer’s order to accept, decline, or limit Buyer’s order for any reason, whether or not Buyer’s credit card has been charged. If Buyer’s credit card has been charged and the order is canceled, Buyer will receive a prompt refund credit to Buyer’s account. Heritage reserves the right at any time after receipt of Buyer’s order, without prior notice to Buyer, to supply less than the quantity Buyer ordered of any item. Orders under a certain amount, not including applicable freight, handling, and other costs, may be declined in Heritage’s sole discretion. Such minimum order amount is subject to change from time to time at Heritage’s sole discretion. New Buyers are required to place a minimum order to activate their account with Heritage. The amount is determined by Heritage in its sole discretion and is subject to change without notice. Cancelled orders may be subject to a charge for expended costs for freight and any restocking or handling charges. Special orders that are cancelled may be subject to restocking charges greater than 20% as required by the specific manufacturer. Heritage has no obligation to accept returns on cancelled orders and maintains at Heritage’s sole discretion the right to demand that the Buyer accepts delivery of cancelled shipments.
Pricing. All prices shown in published price lists are wholesale list prices unless otherwise indicated. Quoted prices and/or discounts from list price are firm only on a unit basis and only for a maximum of 10 days from the date of quote unless otherwise indicated in writing on the quote form. Heritage routinely updates and revises its offerings of products, and Heritage may discontinue products at any time without notice. To the extent that Heritage provides information on availability of products, Buyer should not rely on such information, and Heritage will not be liable for any lack of availability of products that Buyer may order through the site. All pricing for the products available on the site is subject to change. Prices shown do not include any sales, excise, or other governmental tax or charge payable by Heritage to any federal, state or local authority. Any taxes now or hereafter imposed upon sales or shipments will be added to the purchase price, and Buyer shall reimburse Heritage for any such tax or provide Heritage with an acceptable tax exemption certificate. All prices and other terms provided to Buyer shall be kept confidential except to the extent a party is required by law to disclose the same.
Freight, Title, and Risk of Loss. All orders are subject to delivery and handling charges and other costs may apply, which vary based on the type and size of the product and the particular branch. Please contact your local branch for more information, which can be found under the “Contact Us” section of the Site. Title passes from Heritage to Buyer when materials leave Heritage’s shipment point (including manufacturer point of origin for direct shipments) for all will call and common carrier/freight-collect shipments. Buyer will reimburse Heritage for all costs of shipment from FOB shipping point. For Heritage deliveries with its owned/leased vehicles, title passes upon actual delivery to job site or Buyer’s place of business as directed by Buyer. Buyer must sign the sales order/delivery receipt prior to release of materials for will call and Heritage deliveries. Upon receipt of materials, Buyer must record any damage or shipment discrepancy on the delivery receipt and have the driver acknowledge by initialing the change. Buyer must promptly file a freight claim for the damage and/or shipment discrepancy with the common carrier (if applicable). Buyer will not deduct any amount from the payment due to Heritage as a result of shipment damages and/or discrepancies unless given prior written authorization. Heritage shall not be responsible for conditions beyond its control including, without limitation, manufacturer’s shipping demand. All shipping dates are approximate. All deliveries by Heritage’s owned or leased vehicles are subject to a delivery charge.
Warranty Policy. Most of the products available through the site are covered under the manufacturer's warranty, which is detailed in the product's description or at the manufacturer’s official website. If applicable, manufacturer's warranties apply from the date of shipment. Buyer understands that Heritage does not operate or control the products offered by the manufacturers participating on the site, and Buyer agrees that under no circumstances will Heritage be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to Buyer under any warranty, repair, customer support or similar product or similar policies covering products that Buyer may purchase through the site. While Heritage does not offer any warranties with respect to the products available through the site, Heritage is committed to working with Buyer to ensure that every product under warranty performs to the manufacturer's specifications.
Return Policy. Because of the wider variety of products Heritage offers, return policies can differ by product and by local branch. Please contact the local branch from which you purchased the items or refer to our Return Policy for additional information if you wish to return any items. You can find the local branch information in your invoice or the “Contact Us” section of the Site.
Defective Merchandise. If the Buyer receives defective merchandise, the defective merchandise may be returned to Heritage only if (i) Buyer receives authorization from Heritage to return the defective merchandise within thirty (30) days of receipt, and (ii) Buyer delivers the defective merchandise to Heritage within ten (10) days after obtaining authorization from Heritage to return the merchandise. If the manufacturer determines that the merchandise is defective, then Buyer may be entitled to a credit, replacement, exchange or repair of the merchandise in accordance with the manufacturer’s warranties and policies. If the Buyer fails to timely return the defective merchandise to Heritage, then Buyer must contact the manufacturer directly or the manufacturer’s appropriate warranty service provider for instructions regarding the return of such item. Please contact your local branch for questions regarding manufacturer’s warranties and return policies, which can be found under the “Contact Us” section of the Site.
Our Copyrighted Materials; Infringement Claims. The copyrights in all text, images, screens and other materials provided on this Site (collectively, the "Materials") are owned by Heritage and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of Heritage or the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.
Trademarks. Trademarks and service marks that may be referred to on this Site are the property of Heritage or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of Heritage or the Heritage’s logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain Heritage’s written permission in advance, although we permit you to use certain designated features of the Site to use our logo as a hyperlink for designated purposes.
Right to Preserve and Disclose. Heritage may preserve all information you provide. Heritage may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete your transaction; (b) comply with legal process; (c) enforce this Agreement; (d) respond to claims that any materials on this Site violate your rights or the rights of third parties; (e) protect the rights, property, or personal safety of Heritage, its users and/or the public; or (f) in the event that all or substantially all of Heritage’s assets are acquired by a third party.
Prohibited Actions. You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) “frame” the Site or any portion thereof or otherwise cause the Site or its contents to appear to be provided by anyone except Heritage; (d) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Materials, or retrieve or record information about the Site or its users; (e) merge the Site or Materials with another program or create derivative works based on the Site or Materials; (f) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Materials; (g) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Site to others; (h) use, or allow the use of, the Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (i) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, Heritage and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
Advertising Disclaimer and Trademarks. The descriptions of products that are posted on the site are the representations of Heritage’s suppliers. Heritage is not responsible for the accuracy of such descriptions, nor is Heritage responsible for typographical, pricing, product information, advertising or shipping errors. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Heritage’s suppliers, Heritage shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Heritage shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Buyer’s credit card charged. If Buyer’s credit card has already been charged for the purchase and the order is canceled, Heritage will issue a credit to Buyer’s credit card account in the amount of the charge. All trademarks, registered trademarks, photographs, and images relating to products available through the site are the sole property of their respective owners. Photographs are courtesy of the respective manufacturers or Heritage.
Disclaimer of Administrative Privileges. The first employee/person at the Buyer to register as a Heritage customer is the administrative holder of the Buyer’s account. The administrative holder can add or remove account users. All account users may make purchases on behalf of Buyer on Heritage’s website. The Buyer, is fully responsible for any activity performed by its account users (including the administrative holder) on Heritage’s website, regardless of the account users’ employment status with the Buyer. It is the Buyer’s responsibility to manage its account users with Heritage, including but not limited to, the removal or addition of current and former employees and transferring administrative privileges when necessary. Heritage reserves the right to change the administrative holder for the Buyer at its sole discretion. Heritage is not responsible for any order-related errors made by the Buyer or the Buyer’s account users, including but not limited to, incorrect/erroneous orders, incorrect shipping address, or delivery failure due to Buyer’s failure to alert recipient of delivery. Buyer is liable to Heritage for payment in full for all orders that are properly fulfilled by Heritage.
Suspension of Buyer’s Account(s). Without prejudice to any other right or remedy available to Heritage, Heritage shall be entitled to suspend your account if you fail to pay any amounts due to Heritage by the due date for payment or if you breach the provisions of this Agreement.
Issuance of Passwords. When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated to enable you to access the Site. Passwords may not be shared or used by more than one individual. It is each individual user’s responsibility to remember and protect such password and not to disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary.
Prohibition on Scripts, Bots, Third Parties, etc. You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.
Prohibition on Scraping. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site if you do so for commercial purposes.
Lost Passwords. In the event your password is lost or stolen it is your responsibility to notify Heritage at the email address listed in the “Contact Us” section.
Ownership of Usage Data. Heritage may collect and aggregate data about your usage of the Site, and Heritage shall be the sole owner of such information.
Exclusions And Limitations; Consumer Protection Notice. If you are a consumer, the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. If you are a New Jersey consumer, the terms of “Links” section above do not limit or waive your rights as a consumer under New Jersey law and the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Heritage reserves all rights, defenses and permissible limitations under the law of your state of residence.
Must Be At Least 18 Years Old to Use This Site. At this Site, Heritage makes no active effort to collect personal information from individuals under the age of eighteen (18). Heritage requires that Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).
Site Controlled from United States; Prohibited Persons and Countries. This Site is controlled from offices within the United States. Heritage makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF TEXAS WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF TEXAS IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Buyer hereby represents and warrants that (a) it is not located in a country that (1) is subject to a U.S. Government embargo, (2) has been designated by the U.S. Government as a “terrorist supporting” country, or (3) is subject to a U.S. OFAC Sanctions program that would prohibit the sale under this agreement; and (b) Buyer is not listed on any U.S. Government list of prohibited or restricted parties, such as the Specially Designated Nationals and Blocked Persons List. Buyer will comply fully with all applicable export control laws and regulations. Buyer agrees not to export or re-export the product(s) either directly or indirectly to any country that is prohibited by applicable export control laws and/or regulations, including those countries subject to the U.S. OFAC regulations, restrictions and/or prohibitions.
Dispute Resolution, Binding Arbitration, and Class Action Waiver. Excluding claims for injunctive or other equitable relief and for relief in small claims court for disputes or claims within the scope of the small claims court’s jurisdiction, you and Heritage agree that all disputes or claims (whether in tort, contract, statutory or otherwise), including without limitation, claims or disputes arising out of or relating to: (i) the parties’ relationship, (ii) the existence, breach, interpretation, application or termination of this Agreement, and (iii) your use of our Heritage website and services or purchase of goods or services (collectively, “Arbitrable Claims”), shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act and in accordance with the American Arbitration Association (“AAA”) Commercial Arbitration Rules and Mediation Procedures then in effect. Texas law shall apply.
THE PARTIES AGREE THAT DISPUTES BETWEEN THEM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JUDGE OR JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND HERITAGE.
The arbitration shall take place in Dallas, Texas or at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by AAA. The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, AAA shall appoint the arbitrator. The arbitration shall be conducted in the English language. Heritage shall be responsible for the arbitrator's fees and arbitration expenses and any other administrative costs unique to the arbitration hearing, except that you shall be responsible for paying the initial filing fee in cases where you are the claimant. The arbitrator may award fees and expenses (including costs paid by Heritage pursuant to this Agreement), including reasonable attorney’s fees, to the prevailing party, in accordance with applicable law.
There shall be no right or authority for any Arbitrable Claims to be arbitrated on a class or collective basis. All claims must be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all information regarding the arbitration, including the identities of parties thereto, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
Opt-Out of Dispute Resolution, Binding Arbitration, and Class Action Waiver. Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Heritage. The Notice must be postmarked no later than thirty (30) days after the date you accept this Agreement for the first time. The Notice must be mailed to:
7440 State Highway 121
McKinney, TX 75070-2196
The Notice should be addressed to the attention of the General Counsel. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of this Agreement, or any previous or future arbitration agreements that you have entered into with Heritage.
Not Authorized to Do Business In Every Jurisdiction. Heritage is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country.
For further information, or inquiries about this Agreement, please contact:
Heritage Pool Supply Group, Inc.
7440 State Highway 121
McKinney, TX 75070-2196