Terms & Conditions

AGREEMENT BETWEEN USER AND POOLSAIC, a division of LAMATEK, Inc.
The website is comprised of various Web pages operated by POOLSAIC c/o LAMATEK, Inc..

The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the product and website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE
POOLSAIC and/or LAMATEK, Inc. reserves the right to change the terms, conditions, and notices under which the product and website are offered, including but not limited to the charges associated with the use of the website.

RETURNS
See Returns Policy.

LINKS TO THIRD PARTY SITES
The website may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of POOLSAIC and/or LAMATEK, Inc. and LAMATEK, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. POOLSAIC and/or LAMATEK, Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site. POOLSAIC and/or LAMATEK, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by POOLSAIC or LAMATEK, Inc. of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you warrant to POOLSAIC and/or LAMATEK, Inc. that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party's use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this websites.

USE OF COMMUNICATION SERVICES
The website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

    * Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    * Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
    * Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
    * Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
    * Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
    * Conduct or forward surveys, contests, pyramid schemes or chain letters.
    * Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
    * Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    * Restrict or inhibit any other user from using and enjoying the Communication Services.
    * Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
    * Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
    * Violate any applicable laws or regulations.

POOLSAIC and/or LAMATEK, Inc. has no obligation to monitor the Communication Services. However, POOLSAIC and/or LAMATEK, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. POOLSAIC and/or LAMATEK, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

POOLSAIC and/or LAMATEK, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in POOLSAIC and/or LAMATEK, Inc.'s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. POOLSAIC and/or LAMATEK, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, POOLSAIC and/or LAMATEK, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized POOLSAIC and/or LAMATEK, Inc. spokespersons, and their views do not necessarily reflect those of POOLSAIC and/or LAMATEK, Inc..

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO POOLSAIC and/or LAMATEK, Inc. OR POSTED AT ANY POOLSAIC
POOLSAIC and/or LAMATEK, Inc. does not claim ownership of the materials you provide to POOLSAIC and/or LAMATEK, Inc. (including feedback and suggestions) or post, upload, input or submit to any POOLSAIC or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting POOLSAIC and/or LAMATEK, Inc., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. POOLSAIC and/or LAMATEK, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in POOLSAIC and/or LAMATEK, Inc.'s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

ARTWORK FILES
Our prepress department checks most artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to POOLSAIC and/or LAMATEK, Inc.. Please note that we have created file preparation guidelines to assist you in creating print-ready files, and we also offer file preparation support services. POOLSAIC and/or LAMATEK, Inc. is NOT responsible for the image quality of customer-uploaded files including artwork that does not meet our specifications. By uploading your graphic and accepting these terms, you agree that uploaded artwork is sold as is.

You certify that you have the right to use the image(s) in your artwork files. DO NOT send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

Under these Terms and Conditions, you agree that you will not upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POOLSAIC and/or LAMATEK, Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THIS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

POOLSAIC and/or LAMATEK, Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. POOLSAIC and/or LAMATEK, Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POOLSAIC and/or LAMATEK, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF POOLSAIC and/or LAMATEK, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

WARRANTY
POOLSAIC mats are intended for use in outdoor, uncovered and unenclosed standard swimming pools only. The typical expected lifespan of a properly maintained pool mat is 3 – 4 seasons however, performance range is variable and contingent on environmental conditions and pool water chemistry. Pool mats are warranted for six (6) months from date of receipt, unless otherwise stated, if used within the proper guidelines. Custom products may not be returned unless found to be defective in workmanship.

 


*** ADDITIONAL TERMS FOR CUSTOM ORDERS ***

Upon completion of purchase, you agree that you accept all of the following terms and conditions.

Regarding quotes and custom estimates: pricing is valid for 30 days from date of quote; however, POOLSAIC and/or LAMATEK, Inc. c/o LAMATEK, Inc. reserves the right to adjust pricing at any time in the event of substantial increases in cost associated with raw materials increases or other unavoidable expenditures not considered in the original cost estimation.

All orders shipped F.O.B. West Deptford, NJ unless otherwise stated. Any damage to goods during shipment is the responsibility of the customer. POOLSAIC and/or LAMATEK, Inc. can provided tracking, BOL and/or Pro numbers for all shipments upon request. For shipments where the customer does NOT specify a carrier, POOLSAIC and/or LAMATEK, Inc. will make every effort to use the lowest cost carrier available; however, POOLSAIC and/or LAMATEK, Inc. will not be held liable for any discrepancy in freight costs.

Customer Supplied Materials --- Our prepress department checks most artwork files before printing, but the customer is 100% responsible for the accuracy of print-ready artwork files, and we encourage you to proofread all files carefully before submitting to POOLSAIC and/or LAMATEK, Inc.. Please note that we have file preparation guidelines available to assist you in creating print-ready files and we also offer file preparation support services.

You certify that you have the right to use the image(s) in your artwork files. POOLSAIC and/or LAMATEK, Inc. WILL NOT alter, edit or “clean up” any copyrighted files as these must be provided camera-ready. We are NOT responsible for loss or damage of hard copy materials or original artwork.

Under these Terms and Conditions, you agree that you will not upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable.

PLEASE NOTE THAT ALL PRICES ARE QUOTED AND SAMPLES SUPPLIED BY POOLSAIC and/or LAMATEK, Inc. WITH THE UNDERSTANDING THAT THE PURCHASER MUST DETERMINE THE SUITABILITY OF A PARTICULAR PRODUCT FOR ITS INTENDED PURPOSE. UNLESS OTHERWISE STATED, POOLSAIC and/or LAMATEK, Inc. CANNOT WARRANT PRODUCTS IN THEIR APPLICATION AND WILL ONLY BE HELD RESPONSIBLE FOR PRODUCT REPLACEMENT OR INVOICE CREDIT ON PRODUCTS FOUND TO BE DEFECTIVE IN WORKMANSHIP. CUSTOM ORDERS ARE NON-REFUNDABLE.


TERMINATION/ACCESS RESTRICTION

POOLSAIC and/or LAMATEK, Inc. reserves the right, in its sole discretion, to terminate your access to this website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and POOLSAIC and/or LAMATEK, Inc. as a result of this agreement or use of this website. POOLSAIC and/or LAMATEK, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of POOLSAIC and/or LAMATEK, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gathered by POOLSAIC and/or LAMATEK, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and POOLSAIC and/or LAMATEK, Inc. with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and POOLSAIC and/or LAMATEK, Inc. with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:
All contents of this website are: All content ©2023 POOLSAIC and/or LAMATEK, Inc.. All rights reserved. Paulsboro, NJ 08066. and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.