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Web Site Terms & Conditions

This website is published and maintained by Hayward Pool Products, a division of Hayward Industries, Inc. When you access, browse, or use this website you accept, without limitation or qualification, the terms and conditions set forth below.

Your right to use this website and its contents

This website is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this website, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Hayward grants you a non-exclusive, non-transferable, limited right to enter, display, and use this website. You agree not to interrupt or attempt to interrupt the operation of this website in any way.

Ownership

All materials on this website, including but not limited to audio, images, software, text, artwork, video clips and other materials (the "Content") are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this website limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this website, all of which are owned by, or licensed to, Hayward. By making them available on this website, Hayward is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You may download one (1) copy only of the Content to be used only by you for your personal use at home or for legitimate and lawful business use. If you download any Content from this website, you may not remove any copyright or trademark notices or other notices that go with it.

Hayward's rights to user's material

If you send any communications or materials to the website by e-mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Hayward uses such material.

Any material submitted to this website may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by Hayward anywhere in the world, in any medium, forever. Furthermore, Hayward is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that Hayward is not obligated to use any such ideas or materials, and you have no rights to compel such use.

Transmitted material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this website may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending an e-mail message to Hayward does not cause Hayward to have any special responsibility to you.

Links

This website may contain links to other Internet sites on the World Wide Web. Hayward provides such links for your convenience only, and is not responsible for the content of any website linked to or from this website. Links from this website to any other website do not mean that Hayward approves of, endorses, or recommends that website. Hayward disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

Availability of products

The products displayed on this website may not be available for purchase in your particular country or locality. The reference to such products on this website does not imply or warrant that these products will be available at any time in your particular location. You should check with your local Hayward authorized dealer for the availability of specific products in your area.

Product Descriptions

Hayward makes all attempts to provide accurate descriptions of all products offered on this web site. However, we do not warrant that the product descriptions are complete or error-free.

Hayward's right to change these Terms and Conditions of Use or the website Content

Hayward may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this website apply as soon as they are posted. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. Hayward may add, change, discontinue, remove, or suspend any other Content posted on this website, including features and specifications of products described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

Indemnification

You agree to indemnify, defend, and hold Hayward and all of its officers, directors, employees, agents, representatives, information providers, licensors and licensees and affiliates (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in Hayward's defense of any claim. Hayward reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Hayward.

Disclaimer of warranties and damages; limitation of liability

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS WEBSITE, HAYWARD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THIS WEBSITE; (2) THAT THE SERVER THAT MAKES THIS WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THIS WEBSITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO HAYWARD'S NEGLIGENCE, SHALL HAYWARD BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS WEBSITE, EVEN IF HAYWARD OR AN AUTHORIZED REPRESENTATIVE OF HAYWARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HAYWARD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

General provisions

These Terms and Conditions of Use and any additional terms posted on this website together constitute the entire agreement between Hayward and you with respect to your use of this website. Any cause of action you may have with respect to your use of this website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without reference to its conflicts of law rules.