Terms and Conditions

Effective Date: April 4th, 2014

Welcome to LesliesPool.com. This site has been created by Leslie's Pool Mart (herein referred to as "Site"), as a way for our customers to locate and purchase products. By using the LesliesPool.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.

Terms of Service

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.

Leslie’s Poolmart, Inc. d/b/a Leslie’s Swimming Pool Supplies (“Leslie’s”) 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.

Copyright

All site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2011, Leslie’s. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Leslie’s. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Leslie’s is strictly prohibited.

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, LESLIE’S DISCLAIM 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, 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.

Leslie’s 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.

Certain activities provided via this website may be covered by U.S. Patent 5,930,474.

User Security

Access to the Leslie’s 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 Leslie’s promptly of any unauthorized use of your password and you will remain liable for any use of the Leslie’s online service until you notify Leslie’s of the unauthorized use of your password.

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. Leslie’s 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.

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 a check is returned or electronic payment is denied, Leslie’s 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, Leslie’s may charge such amount directly to the credit card identified in your Customer profile and Leslie’s may suspend or terminate your access to the Leslie’s online service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Leslie’s may incur in its efforts to collect any unpaid balances from you. Your right to use the Leslie’s online service is subject to limits established by Leslie’s. If payment cannot be charged to your credit card or a payment is returned to for any reason, including chargeback, Leslie’s reserves the right to suspend or terminate your access to the Leslie’s online service and your customer account.

Leslie’s Swimming Pool Supplies also reserves the right to establish a credit limit for your account. All Commercial Credit Accounts are subject to the Commercial Net 30 Account Agreement terms and conditions.

Account Information

Leslie’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. Leslie’s 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 Leslie’s online service.

In servicing your account, Leslie’s, 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 Leslie’s for the purpose of improving customer service and/or offering or furnishing products and services of Leslie’s. It is our policy that we would not provide collected data to third-parties outside of Leslie’s unless it is necessary to do so in order to enable us to provide an appropriate level of service to users.

Commercial Accounts

A Leslie’s Commercial Account is for businesses or non-residential use. It is not for personal, family or household purposes. To receive a Leslie’s Commercial Credit Account you must meet our credit qualification criteria for the account. Your credit limit will be determined by a review of your credit report and, in some instances, a review of such other financial information as we may ask you to provide. No credit overrides will be provided on Lesliespool.com for Leslie’s Commercial Credit Accounts. In the occurrence an increase in credit is needed please contact the Leslie’s Accounting Department to speak to an account representative. The Leslie’s Accounting Department can be reached thru the Customer Inquiry Line at (602) 366-3789.

Suspension of Service

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

Limitation on Liability

IN NO EVENT SHALL LESLIE’S OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, COVER, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF LESLIE’S 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.

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 Lesliespool.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 Lesliespool.com Web site may also be monitored and analyzed to enable us to provide users with Leslie’s-specific customized information which we believe may be of interest as a result of their relationship with Leslie’s.

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. Lesliespool.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.

Lesliespool.com uses cookies to authenticate your login, facilitate site navigation and track use of the site on an aggregate basis to improve services.

Delivery of Services

Leslie’s or Lesliespool.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. Leslie’s or Lesliespool.com reserves the right to refuse delivery. Neither Leslie’s or Lesliespool.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.

Tax Exempt Transactions

This site does not support tax exempt transactions for Residental Customers. All qualified tax exempt Residental Customer transactions can be made via mail order at 1-800-537-5437 or at a store location. If you are a Leslie’s Commercial Customer with a company or business that is tax exempt your order will be displayed without tax. All orders placed thru Lesliespool.com are displayed with tax as an estimate. All estimates for tax will be corrected upon shipment of the product(s) ordered.

Links to Other Web Sites

Lesliespool.com contains links to other web sites. Lesliespool.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.

Leslie’s Rewards Terms and Conditions

MEMBERSHIP ELIGIBILITY

  • No purchase is necessary to enroll in Leslie’s Rewards.
  • An email address is required for membership in order to receive notifications of earned rewards and in order to log into your Leslie’s Rewards Account.
  • Member must be 16 years of age or older to participate

BENEFITS

  • Rewards Points will be accrued at the rate of one (1) Reward Point per $1.00 spent at any Leslie’s store or on lesliespool.com, excluding tax, shipping and coupons.
  • Each accrual of 200 Reward Points is equal to a reward of $5.00 off a purchase at a Leslie’s store.
  • At each accrual of 200 Reward Points, a reward will be emailed to the Leslie’s Rewards Member; the Member will also be able to access and print the reward at www.lesliespool.com/rewards.htm.

GENERAL TERMS

  • Reward Points are based on the Member’s cumulative Leslie’s Reward Account spending in any Leslie’s store or on lesliespool.com.
  • Point accumulation can be through one purchase or multiple purchases.
  • In order to associate a Leslie’s Rewards Account to a Leslie’s store transaction and ensure Reward Points are received for the purchase, a Member must ensure to identify themselves to the sales associate via the email address the Member has associated with his/her Leslie’s Reward Account.
  • Member is solely responsible for maintaining accurate and updated information online at www.lesliespool.com/rewards.htm.
  • Leslie’s rewards are not assignable, saleable or redeemable for cash, other than as stated herein.
  • Leslie’s is not responsible for rewards not received as a result of Member's failure to provide an accurate email address and/or to update Member’s information.
  • Leslie’s Rewards is continuous; no subsequent registration is required.
  • Leslie’s maintains the right to terminate any rewards account or change rules at any time.
  • Rewards initially earned on an item which is returned will be deducted in the period of the return. Returns may cause a negative Rewards Points balance.
  • Rewards will expire once used or after 60 days of being issued. Rewards cannot be credited back on returned items.
  • Each reward that the member is qualified for can be printed at www.lesliespool.com/rewards.htm at any time prior to that Rewards’ expiration date.
  • Commercial customers are not eligible to participate.

ACCRUAL RULES

  • Member is solely responsible for all federal, state and local taxes, where applicable.
  • Reward Points are earned on all eligible transactions completed at any Leslie’s store or online at lesliespool.com.
  • Reward Points can be accrued through one purchase or multiple purchases made over the course of the program.
  • Gift Certificate purchases are not eligible to be applied towards Reward Points.
  • If a Leslie’s Reward Account is inactive for over 24 months, the point balance will be reset to zero (0). Inactive is defined as not having any purchase activity posted to the Leslie’s Rewards member number associated with the account.
  • If a Member believes his or her eligible purchase was incorrectly applied toward earning Reward Points, they should fill out a customer care request by visiting www.lesliespool.com/rewards.htm, or contact Leslie’s Rewards Customer Care Team at 888.251.1051.
  • Customer care requests must be received by Leslie’s Rewards Customer Care Team within 14 days from the date of the purchase.
  • Written customer care requests should include the Member’s name, email address and daytime phone. Additional information may be necessary to process requests.
  • Failure to supply the requested documentation may result in denial of Reward Points.
  • Reward Points may also be earned for engaging in non-purchase behaviour online, such as completing a Member profile or answering a survey. Rewards Point increments can vary at Leslie’s discretion and will be communicated through a variety of channels such as online, print or in-store advertising.

REWARD ISSUANCE AND REDEMPTION

  • Rewards can only be used for in-store purchases.
  • In the event a total purchase is less than the Leslie’s reward, the Member will not receive any cash back or store credit for the reward and the remainder of the reward surpassing the purchase total will be forfeited.
  • If a return is made on a purchase where a reward was applied, the return will be credited as the purchase price less the discount, and the discount will be forfeited.
  • Leslie’s rewards cannot be redeemed in full or in part for cash, gift certificates or store credit. Leslie’s rewards hold no cash value.
  • Leslie’s is not responsible for lost or stolen rewards. Members can reprint non-expired, unredeemed rewards on the member portal at www.lesliespool.com/rewards.htm.
  • Rewards can be redeemed in any Leslie’s retail stores.
  • Rewards will be applied to all purchases at point of sale after any other coupons/discounts have been applied. Some exclusions apply. See store associates or printed reward for details.
  • All rewards expire within 60 days of being issued.
  • If account is inactive for 24 months, the point balance will be reset to zero (0). Inactive is defined as not having any purchase activity posted to the Leslie’s Rewards member number associated with the account.

CANCELLATION AND TERMINATION POLICY

  • Leslie’s may terminate or modify Leslie’s Rewards at any time.
  • Upon termination of the Program, Member forfeits any rewards.
  • Repeated return of merchandise as part of this Program shall result in termination of Member’s Reward account if in Leslie’s sole opinion the behavior is determined to be fraudulent.

MODIFICATION OF PROGRAM POLICY

  • Leslie’s reserves the right to end or modify Leslie’s Rewards at any time without notice.
  • Terms and Conditions for the Program will be posted on http://www.lesliespool.com/terms.htm.
  • Changes to the Program terms and conditions will be on http://www.lesliespool.com/terms.htm.
  • Continued use of Member's Leslie’s Rewards Account constitutes acceptance of any amendments to the Program and rules thereof.

MEMBER PRIVACY POLICY

  • Leslie’s privacy policy and standards will apply. See Leslie’s privacy policy.

RELEASE OF LIABILITY OR LIMITED LIABILITY

  • Member releases Leslie’s Poolmart, Inc., and affiliate entities, and their respective officers, directors, employees and agents from and against any and all liability relating to Member's Leslie’s Rewards Membership or this agreement.

GOVERNING LAW AND ARBITRATION

  • This Agreement shall be governed by and construed under the substantive laws of the state of Arizona, without reference to conflict-of-laws.
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