SITE TERMS AND CONDITIONS OF USE
(United States and Canada)
NOTICE AND DISCLAIMER REGARDING INDEPENDENT EXPLORE DEALERS
Products in the Explore Industries family of brands are supplied in the United States and Canada primarily through a network of independently owned and operated dealers authorized to sell and install various products under a license from the applicable Explore Industries entity. Explore Industries USA, Inc. is the product manufacturer and is completely separate from the independent sellers and installers who act as dealers. These dealers are not owners, employees or agents of Explore, have no right or authority to bind Explore, and are not authorized to make any claims regarding products in the Explore Industries family of brands that are not contained in Explore literature. Explore is not responsible or liable in any way for the actions or omissions of these dealers or any related damage to persons, property or products. Before entering into a contract with an Explore dealer, retail purchasers are advised to undertake their own research and investigation regarding the dealer and to obtain independent legal advice regarding any contract and payment plan proposed. Any statements (whether written, oral or electronic) that assert any relationship between any Explore Industries company and its dealers contrary to this notice are expressly disclaimed by Explore and should be disregarded.
Explore hereby disclaims any and all liability for any act or omission of any dealer or any other person or entity who sells, installs, repairs or services products manufactured by Explore Industries USA, Inc., including without limitation liability for any damage to any Explore product or other damages caused by such dealer or other person or entity.
Explore Industries USA, Inc. offers a separate manufacturer’s limited warranty to retail purchasers of specific products in the Explore Industries family of brands, which limited warranty is separate and apart from any other or additional warranty or guarantee offered by any person or entity (including without limitation a dealer) who sells, installs, repairs or services products manufactured by Explore Industries USA, Inc. A copy of the current warranty for products in a specific Explore Industries brand can be found on the website for the applicable brand. Links to the relevant brand websites are provided on the Site.
NOTICES REGARDING INFORMATION AND ILLUSTRATIONS
Explore provides the following notices to all buyers with respect to information and illustrations contained on the Site and/or in any brochures, information sheets or other marketing materials (collectively, “Published Information”):
- Product measurements and dimensions in Published Information are approximate and may vary due to enhancements in the manufacturing process made after publication. Measurements are from the widest point on each side of the outside edges and are provided as a guide. Please consult your Explore dealer for more detailed and the most current information.
- Product colors and finishes in Published Information may vary to some extent from actual product colors and finishes.
- Information contained in articles, blogs, forums, customer testimonials, certificates of recommendation, dealer pages and other Published Information may contain inaccuracies or typographical errors.
NOTICE REGARDING POOL BUILDS
The ratio of raw materials used in our pool builds may change from time to time based on supply. However, these changes do not affect the limited warranty provided by Explore Industries USA, Inc.
Trademarks displayed on the Site are owned or used under license by the applicable Explore entity, including without limitation product names, slogans, logos and emblems. The unauthorized use of any trademark displayed on the Site is strictly prohibited.
CHANGES TO THE SITE
Explore reserves the right to change, modify, suspend, discontinue or permanently cancel the Site’s operation or portions thereof, including without limitation with respect to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. Your use of the Site after any changes are posted will be considered acceptance of such changes.
IDEMNITY AND HOLD HARMLESS
The Site and all the information it contains is provided for information purposes only on an “as is” basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment.
Explore, information providers and their respective affiliates and agents make no warranties, conditions, representations, or guarantees of any kind, express or implied, including without limitation as to the accuracy, currency or completeness of information, materials or content, the availability of products or the operation of the Site. To the extent permitted by applicable law, Explore disclaims all warranties and conditions, express or implied, including without limitation implied warranties or conditions of merchantability and fitness for a particular purpose. Explore is not responsible for the content of any site linked to the Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked site.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPLORE AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, MEMBERS, MANAGERS, REPRESENTATIVES AND AGENTS OF EACH EXPLORE COMPANY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. EXPLORE, ITS INFORMATION PROVIDERS AND THEIR RESPECTIVE AFFILIATES AND AGENTS MAKE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. EXPLORE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EXPLORE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER EXPLORE, INFORMATION PROVIDERS OR THEIR AFFILIATES OR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.