PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE. By using this site, you agree to these terms of use. If you do not agree to these terms, you may not use this site.

Nicklas Holdings, LLC d/b/a The Pool Boys reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.

Welcome to poolboys.com. This site has been created by Nicklas Holdings, LLC (herein referred to as "Site"), as a way for our customers to locate and purchase products. By using the poolboys.com website, you unconditionally agree to the following Terms of Use. Please review the following basic rules carefully. We will occasionally update and/or modify these Terms of Use without prior notice and you agree to be unconditionally bound by these updated Terms of Use as changed. As such it is recommended you review these Terms of Use whenever you visit this site.

Disclaimer

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW. The Pool Boys DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, The Pool Boys DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

The Pool Boys often obtains item photographs from third party vendors and/or manufacturers. We do not investigate to determine if information is accurate nor can we provide assurance that all data is free of typographical errors. We cannot guarantee information displayed on the Web site to be 100% accurate.

Payment Policies

You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your LOGIN ID number and password. In the event an electronic payment is denied, The Pool Boys may impose a fee to cover the cost of any charges incurred. If you fail to pay any invoices or charges on account, when due, The Pool Boys may charge such amount directly to the credit card identified in your Customer profile and The Pool Boys may suspend or terminate your access to the The Pool Boys online service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that The Pool Boys may incur in its efforts to collect any unpaid balances from you. Your right to use the The Pool Boys online service is subject to limits established by The Pool Boys. If payment cannot be charged to your credit card or a payment is returned for any reason, including chargeback, The Pool Boys reserves the right to suspend or terminate your access to The Pool Boys online service and your customer account.

User Security

Access to The Pool Boys online service is accomplished through the use of a LOGIN ID number and a password, which you will create. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify The Pool Boys promptly of any unauthorized use of your password and you will remain liable for any use of The Pool Boys online service until you notify The Pool Boys of the unauthorized use of your password.

Account Information

The Pool Boys’s secure server encrypts your credit card and other information so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure server. The Pool Boys will exercise commercially reasonable efforts to ensure that your credit card information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you The Pool Boys online service.

In servicing your account, The Pool Boys may also collect addresses, contact names, corporate names, division names, telephone numbers and fax numbers, as well as e-mail addresses. This data may be used by The Pool Boys for the purpose of improving customer service and/or offering or furnishing products and services of The Pool Boys. It is our policy that we would not provide collected data to third-parties outside of The Pool Boys unless it is necessary to do so in order to enable us to provide an appropriate level of service to users.

Order Acceptance

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. The Pool Boys reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Suspension of Service

The Pool Boys may suspend or terminate The Pool Boys online service at any time for any reason with or without notice to you. The Pool Boys reserves the right to collect any outstanding fees and charges incurred before you cancel your The Pool Boys online service.

Limitation on Liability

IN NO EVENT SHALL The Pool Boys OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF The Pool Boys HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES AND INFORMATION AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND/OR CLAIMS OF THIRD PARTIES.

Cookies

“Cookies” are strings of text that a web site transmits to a user’s computer. Cookies enable a web site to keep track of a user’s preferences and activities relating to that web site. poolboys.com creates a cookie for each visit in order to facilitate your visit. When you create a customer profile a permanent cookie is used to remember the information in your profile. This cookie does not expire unless you deactivate your personal profile.
poolboys.com uses cookies to authenticate your login, facilitate site navigation and track use of the site on an aggregate basis to improve services.

Internet Protocol (IP) Address

An IP address is a number that is automatically assigned to your computer every time you browse the Internet. When users request a page from our site, our servers log the users current IP address. We use IP addresses to help diagnose problems. We do not link IP addresses to any personal information about you. However, as users navigate the poolboys.com Web site, their movements around the site may be monitored and analyzed in order to enable us to provide a Web site with improved functionality, usability and efficiency. These movements around the poolboys.com Web site may also be monitored and analyzed to enable us to provide users with The Pool Boys-specific customized information which we believe may be of interest as a result of their relationship with The Pool Boys.

Delivery of Services

The Pool Boys or poolboys.com currently provides service referenced in the “Order Status / Tracking” section of this web site. Orders may arrive in multiple packages and on separate days with multiple Product Order Forms (POs) depending on type of and volume of product ordered. The Pool Boys or poolboys.com reserves the right to refuse delivery. Neither The Pool Boys or poolboys.com is liable for delays or prevention of delivery due to unforeseen circumstances, or acts of God. This may include weather conditions, traffic conditions, and / or mechanical difficulties.

Product Reviews, Manufacturer Descriptions, Tips & Tricks, and FAQs:

Any content submitted to this Site, Reviews, Blogs, Comments, Communications and the like (herein known as "Comments"), become the property of the Site upon submission. By submitting the Comments, you acknowledge your legal rights to submit such information and agree to the assignment to The Pool Boys of all rights, titles and interest both in the United States and Internationally for all Copyrightable and intellectual properties in the Comments.
Once the Comments are submitted, The Pool Boys may use the Comments in any fashion it deems appropriate. By using the Comments, The Pool Boys is under no obligation to maintain any Comments in Confidence, to compensate for any Comments, or to respond to the authors Comments. Further you agree to not hold The Pool Boys liable for any costs and/or damage caused from instructions or recommendations from comments. The Pool Boys recommends any work be performed by a licensed professional. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "SPAM".

Further, The Pool Boys reserves the right (though not the duty) to monitor and/or edit or remove any Comments submitted to the Site. You grant The Pool Boys the right to use your name (or alias), supplied at your submission in connection with any Comments. Since we may desire to respond on some Comments, you agree not to supply a false email address, impersonate any person or entity, or otherwise provide misleading information as to the origin of any Comments you submit.

Links to Other Web Sites

poolboys.com contains links to other web sites. poolboys.com is not responsible for the privacy practices and content of these third-party web sites. We recommend you to follow safe internet practices. Do not supply personal information to these web sites unless you have verified their security and privacy policies.