Copyrights:
This Site and the materials within it are Copyright 2006-2007© by SwimCool Systems, Inc. Viewing this Site creates a copy of SwimCool Systems' materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.
Use License:
SwimCool Systems, Inc. grant you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. Other than this agreement and agreements between you and SwimCool Systems relating to the sale of products or services to you through this Site, SwimCool Systems will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
Trademarks:
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of SwimCool Systems and others. Nothing on this Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
Product Warranties:
Our manufacturers produce products of the highest quality and back them with warranties that range from 1 to 7 years. Manufacturer's warranty information for each product will be provided at the time of delivery.
Product Orders:
While we will use our best efforts to fulfill all orders, SwimCool Systems cannot guarantee the availability of any particular product displayed on this Site. SwimCool Systems reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. SwimCool Systems reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
Return Policy:
Please inspect all merchandise for damage immediately on arrival. If merchandise arrives damaged, please contact the delivery company and file a claim for the value of the damaged goods with them. If you need help with your claim, please Contact Us.
If the merchandise that you received is not what you ordered, please Contact Us to arrange an exchange.
If your product is defective during its warranty period, please Contact Us for repair or replacement.
Backorders:
All in-stock items are shipped at time of order; out-of-stock items will be placed on backorder and customer will be notified. All backorder items will be shipped at the time the product becomes available. If backorder period exceeds 30 days, SwimCool Systems will notify customer prior to shipment release. In the event of partial shipment, each shipment will be billed separately. Backorders are shipped at prices in effect when the item was ordered.
Website & Email:
NO WARRANTIES; EXCLUSION OF LIABILITY THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF COE OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. COE MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. COE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. COE SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER COE, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Given the unpredictability's of technology and the online environment, SwimCool Systems does not warrant that the function or operation of this Web site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this Web site, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our site. As a visitor to and a user of this Web site, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. SwimCool Systems shall not be liable for damages of any kind related to your use of or inability to access this site.
Please understand that we have made every effort to display the products featured on SwimCoolSystems.com as accurately as possible. However, the colors we use - as well as the display and color capabilities of your particular computer monitor-will greatly affect the colors you actually see on the screen. SwimCool Systems cannot be held responsible for the limitations of your monitor and cannot guarantee that your monitor's display of any color, texture, or detail of actual merchandise will be accurate.
We endeavor to present the most recent, most accurate, and most reliable information on our Web site at all times. However, there may be occasions when some of the information featured on SwimCoolSystems.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. But please be aware that we present our content 'as is' and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.
We reserve the right to make changes to this Web site without prior notice. Should you be unable to locate some particular article of content or piece of merchandise that caught your attention on a previous visit to our site, please contact us and we'll make every effort to fulfill your requests whenever possible.
Although SwimCool Systems will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), SwimCool Systems does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.
General:
SwimCool Systems has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
SwimCool Systems assumes no responsibility for the safety of the products manufactured by our suppliers, or your ability to use those products safely, or any injury or damage of any kind caused by or related to the use of any product purchased from SwimCool Systems. IN NO EVENT SHALL EITHER COE, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR OWNERSHIP OR USE OF ANY PRODUCT PURCHASED FROM COE.
You agree that SwimCool Systems may at any time and without notice change the terms, conditions and notices under which this Site is offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and SwimCool Systems as a result of this agreement or your use of this Site.
SwimCool Systems' performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of SwimCool Systems' right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by SwimCool Systems with respect to such use.
This agreement, the privacy statement, and terms of sale constitute the entire agreement between you and SwimCool Systems with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SwimCool Systems with respect to this Site. No modification of this agreement shall be effective unless it is authored by SwimCool Systems or its affiliates, or unless it is physically signed in blue ink by a SwimCool Systems owner. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by SwimCool Systems in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by SwimCool Systems in printed form.