1. Agreement to Terms

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Pool Brigade, (“Company”, “we”, “us”, or “our”), concerning your access to and use of the Pool Brigade (https://www.poolbrigade.com/) website, Kiosk as well as any related applications.

The Site provides the following services: E-commerce website for pool related products and services. You agree that by accessing the Site or Kiosk or Application and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

1.4 We may update or change the Site, Application and/or Kiosk from time to time to reflect changes to our products, our users' needs and/or our business priorities.

1.5 Our site is directed to people residing in USA. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

1.7 Additional policies which also apply to your use of the Site include:

● Our Privacy Notice https://www.poolbrigade.com/p/privacy-policy/ZHNNJxaw, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

2. Acceptable Use

2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

2.2 As a user of this Site, you agree not to:

● Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us

● Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses

● Use the Site to advertise or sell goods and services

● Use a buying agent or purchasing agent to make purchases on the Site

● Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use

● Engage in unauthorized framing of or linking to the Site

● The trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords

● Make improper use of our support services, or submit false reports of abuse or misconduct

● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools

● Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site

● Attempt to impersonate another user or person, or use the username of another user

● Sell or otherwise transfer your profile

● Use any information obtained from the Site in order to harass, abuse, or harm another person

● Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise

● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site

● Attempt to access any portions of the Site that you are restricted from accessing

● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users

● Delete the copyright or other proprietary rights notice from any of the content

● Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code

● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism

● Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools

● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site

● Use the Site in a manner inconsistent with any applicable laws or regulations

● Threaten users with negative feedback or offering services solely to give positive feedback to users

● Misrepresent experience, skills, or information about a User

● Falsely imply a relationship with us or another company with whom you do not have a relationship

3. Information you provide to us

3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

If you know or suspect that anyone other than you know your user information (such as an identification code or username) and/or password you must promptly notify us at info@poolbrigade.com.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a username you select if we determine that such user name is inappropriate.

4. The content you provide to us

4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.

4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.

4.3 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

4.4 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.

4.5 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values

4.6 If you wish to complain about User Content uploaded by other users please contact us at info@poolbrigade.com.

5. Our content

5.1 Unless otherwise indicated or specified, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws.

5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

5.4 You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry-standard virus detection software to try to block the uploading of content to the Site that contains viruses.

5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.

5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.

6. Link to third-party content

6.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.

6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

7. Site Management

7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.

7.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

8. Modifications to and availability of the Site

8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

8.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

9. Disclaimer/Limitation of Liability

9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

9.2 Our responsibility for loss or damage suffered by you:

Whether you are a consumer or a business user:

● We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

● If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.

Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of $100 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.

If you are a business user:

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

● use of, or inability to use, our Site/Services; or

● use of or reliance on any content displayed on our Site.

In particular, we will not be liable for:

● loss of profits, sales, business, or revenue.

● business interruption.

● loss of anticipated savings.

● loss of business opportunity, goodwill or reputation. or

● any indirect or consequential loss or damage.

If you are a consumer user:

● Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

● If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

● You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.

10. Term and Termination

10.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at info@poolbrigade.com.

10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. Mobile Application

11.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.

11.2 For business users only - You will not:

(a) reverse engineer, decompile or otherwise try to discover the source code of the software/application unless you have first written to us requesting interoperability information and we have failed to provide you with that information or if we have failed to offer to provide you with interoperability information on reasonable conditions".

(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application.

(c) breach any applicable laws, rules or regulations in connection with your access or use of the application.

(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.

(e) use the application for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended.

(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.

(g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application.

(h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or

(i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

11.3 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:

(a) The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.

(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.

(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.

(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

(e) You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application.

(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof.

12. General

12.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

12.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

12.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

12.4 We may assign any or all of our rights and obligations to others at any time.

12.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

12.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

12.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

12.8 For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr

12.9 For business users only - If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

12.10 Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

12.11 All the below mentioned trademarks, logos, brands and related products that appear on Pool Brigade App, Website and Kiosk are registered property of various third-party companies. Pool Brigade does not claim, or intend to, hold any rights or ownership over them. User acknowledges that each App Distributor and Publisher has no obligation whatsoever to compensate or be responsible for any liability (full or partial) for or against the use or any other form of depiction for any of the trademarks, logos, brands showcased in Pool Brigade App, Website or Kiosk including, but not limited to, the following:

3M PURIFICATION INC., 7-11 POOL PRODUCTS LTD., A & A MFG., A & B ACCESSORIES, A & B ALUMINUM & BRASS FOUNDRY, A & B BRUSH MFG. CORP., A.S.A. MFG., INC., AADVANCED MACHINERY, ABATRON, INC., ABCO DISTRIBUTORS, ABRIS PENGUIN SHELTERS, ACCOUTREMENTS, ACCU-CARE SUPPLY, INC., ACE WIRE SPRING & FORM CO., INC, ACTION INDUSTRIES, LLC, ADAMS ALUMINUM, INC., ADJUST-A-BRUSH, ADOLPH KIEFER & ASSOCIATES, ADVANCED AQUACULTURE SYSTEMS, INC., ADVANCED CEMENT TECHNOLOGIES, LLC., ADVANCED CONTROL LOGIX, ADVANCED SPACE-AGE SYSTEMS & ENGINEERING TECHNOLOGY (ASSET), ADVANTAGE MANUFACTURING, ADVANTIS TECHNOLOGIES, ADVASOL WATER SOLUBLE FILMS, ADVENTURESWIM.COM, AFRAS INDUSTRIES, INC., AGAPE TILE LLC., AGEAN BATH & SPA, AIC HEAT EXCHANGERS, AIMS INSURANCE PROGRAM MANAGERS, INC., AIR STRUCTURES AMERICAN
TECHNOLOGIES, INC. (ASATI), AIR SUPPLY OF THE FUTURE, INC., AIRMIST SAUNA & STEAM, AIRPLACO EQUIPMENT CO. INC., AIRSEP CORP., AL DAWLEY, ALADDIN, ALADDIN EQUIPMENT CO., ALAGLAS POOLS, ALDEN LEEDS, INC., ALDRICH CO., ALL LINE, INC., ALL WEATHER POOL & PATIO ENCLOSURES, INC., ALLCHEM PERFORMANCE PRODUCTS, ALLIED INNOVATIONS, LLC, ALLOY FASTENERS, INC., ALL-SAFE POOL FENCE & COVERS, ALMOST HEAVEN SAUNAS, ALOHA FIBERGLASS POOLS, ALPHA TILE & STONE, ALPS MANUFACTURING, ALTA ENTERPRISES, AMERICAN CHEMISTRY COUNCIL, AMERICAN FENCE ASSN., AMERICAN FIBERGLASS POOLS, AMERICAN GRANBY INC., AMERICAN LEAK DETECTION, AMERICAN LOCKER SECURITY SYSTEMS, INC., AMERICAN METAL TECHNOLOGY OF TENNESSEE, LLC, AMERICAN PAYERS MFG., AMERICAN POOL ENTERPRISES, AMERICAN QUALITY MFG., INC., AMERICAN SPA & POOL PROS, AMERICAN SPS LLC, AMERICAN WATER BROOM, AMERICAN WEST WINDMILL & SOLAR, AMERISTAR PERIMETER SECURITY USA INC., AMETEK TECHNICAL & INDUSTRIAL PRODS., AMS FINANCIAL SOLUTIONS, INC., ANCHOR INDUSTRIES, INC., ANDERSON CONCRETE & POOLS, ANDERSON MFG. CO., INC., ANKO PRODUCTS, INC., ANTHONY & SYLVAN POOLS CORP., API, APJ CORP., APOLLO SUNGUARD SYSTEMS, APPLIED COMPUTER CONTROLS, AQQUATIX USA, AQUA ART ENTERPRISES, AQUA CREATIONS, AQUA CREEK PRODUCTS, AQUA DESIGN, AQUA EZ, INC., AQUA GROUP INC., AQUA MASSAGE INT'L. INC., AQUA PRODUCTS, INC., AQUA QUEST, INC., AQUA SHIELD, AQUA SOURCE COMMERCIAL POOL SYSTEMS, AQUA SPORTS, AQUA TECHNICS POOLS, AQUA TELESCOPIC ENCLOSURES, AQUA TRI, AQUA ULTRAVIOLET, AQUABILT, LLC, AQUABOND, LLC, AQUACAL AUTOPILOT, INC., AQUACHEK POOL & SPA TEST STRIPS, AQUACOMFORT SOLUTIONS, AQUADOR MFG. LLC, AQUAFINESSE LLC., AQUAJOGGER, AQUALAB SYSTEMS, INC., AQUAMASTER FOUNTAINS & AERATORS, AQUAMATIC COVER SYSTEMS, AQUAPRO SYSTEMS, AQUAQUALITY POOLS & SPAS, INC., AQUASALT, LLC, AQUASCAPE, INC., AQUASOL CONTROLLERS, INC., AQUASPECS, INC., AQUASTAR POOL PRODUCTS, INC., AQUATHERM INDUSTRIES, INC., AQUATIC & FITNESS PROFESSIONAL ASSN. INT'L., AQUATIC ACCESS, INC., AQUATIC CONSULTING SERVICES, AQUATIC DESIGN GROUP, INC., AQUATIC EXERCISE ASSN., AQUATIC PARTS COMPANY, AQUATIC PRODUCTS, AQUATIC PROFITS, AQUATIC SPECIALTY MFG. LLC., AQUATIC TECHNOLOGIES GROUP, LLC., AQUATIC TECHNOLOGY, INC., AQUATICS INTL., AQUATIX BY LANDSCAPE STRUCTURES, AQUATRON ROBOTIC TECHNOLOGY LTD., AQUAWERX, AQUIONICS, INC., AQURON CORP, ARBORS DIRECT, ARCHADECK OUTDOOR LIVING, ARCHITECHNICS, ARCTIC SPAS, ARIES COYOTE, ARISTECH SURFACES, LLC - ARISTECH ACRYLICS, ARKEMA INC., ARMADILLA WAX WORKS, INC., ARMCO, ARMCO INC., ARMOR-CLAD FENCE, LLC, ARROW ADHESIVES CO., ARROW CHEMICALS, ARROW TANK CO. INC., ARTCRETE, INC., ARTESIAN SPAS, ARTISTIC PAVER MFG., ARTISTIC RESOURCES & TRAINING, ARTISTRY IN MOSAICS, ASAHI AMERICA, INC., ASAHI CHEMICAL INDUSTRIES CO., LTD., ASHCROFT INC., ASPEN SPAS, ASSOCIATED EQUIP. REPRESENTATIVES INC. (A.E.R., INC), ATB LEISURE PRODUCTS, INC., ATERA ANYTEMP SPAS AND SWIM SPAS, ATLANTIC FILTER, ATLANTIC SALES CONNECTION, ATLAS MINERALS & CHEMICALS, INC., ATM COMMERCIAL EXHIBITS, AURAND MFG., AUTOGRAPH FOLIAGES, AUTOMATIC POOL CLEANERS (AUSTRALIA) PTY. LTD., AUTOMATIC POOL COVERS, INC., AWARENESS MARKETING CORP., AXIALL CORP. WATER TREATMENT PRODUCTS, AXIOM POOL PRODUCTS, LLC, B & A SALES, B & N INDUSTRIES, BABY GUARD POOL FENCE CO., BABY-LOC® REMOVABLE FENCING, BALBOA WATER GROUP, BALECO INTERNATIONAL, BALTIC LEISURE, BANNON ENTERPRISES, INC., BARLOW TYRIE, INC., BASECRETE TECHNOLOGIES LLC, BASF CORP., BATTERUP! PRODUCTIONS, BEACHCOMBER HOT TUBS, BEADCRETE USA, BECHER-SCHMIDT U.S.A., INC., BECKSON INDUSTRIAL PRODUCTS, INC., BECS TECHNOLOGY, INC., BEKA CASTING LTD., BELLA POOLS & BACKYARDS, BELVISI INT'L. CO./ JACQUES GIORDANO INDUSTRIES, BERLIN GARDENS, LLC., BERMAN SALES, BETTER WAY PRODUCTS, BHG SALES, BIERMAN SALES ASSOC., INC., BIGFISH PUBLICATIONS, BIOCLIMATIC STRUCTURES, LLC., BIO-DEX LABORATORIES, LLC, BIOFILM TECHNOLOGIES, LLC, BIOGUARD POOL & SPA PRODUCTS, BIOLAB, INC., BIOSAFE SYSTEMS, BJG TRADING CORP., B-K LIGHTING, INC., BLACK OAK FOUNDRY, BLAKE SALES ASSOC. INC., BLASTCRETE EQUIPMENT CO., BLUE RHINO, BLUE SHIELD POLY LAMINATING, INC., BLUE SQUARE MANUFACTURING, INC., BLUE WATER SPA COVERS, BLUE WAVE PRODUCTS, INC., BLUE-WHITE INDUSTRIES LTD., BLUFFTON MOTOR WORKS - WEG GROUP, BLUWATER TECHNOLOGY, BNL (USA), INC., BOBCAT COMPANY, BODYTHERAPEUTIC PRODUCTS, INC., BOMANITE, BOSHART INDUSTRIES, BOULDER IMAGE, LLC., BOWMAN DISPLAYS DIGITAL IMAGING, INC., BRADFORD PRODUCTS, BRIGHT IDEA SHOPS, LLC, BROILMASTER PREMIUM GRILLS, BROMITRON, BRONZELITE, BROWNIE'S THIRD LUNG, BRUIN PLASTICS CO., INC., BRYAN BOILERS, BUCKMAN'S, INC., BUILT RIGHT POOL HEATERS, LLC., BULL OUTDOOR PRODUCTS, BULLFROG SPAS, BUSBY GILBERT CUSTOM TILE, BWAY CORPORATION, BYRD MORETON & ASSOCIATES, BYRON ORIGINALS, C.L. INDUSTRIES, INC., C.R. 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(ITS), INDUSTRIAL THERMO POLYMERS LTD., INFUSION POOL PRODUCTS, INLAYS MANUFACTURING, INC., INNOVAPLAS/LUML-O INTL., INNOVATIVE CIRCUIT TECHNOLOGY (ICT), INNOVATIVE CONCRETE TECHNOLOGY CORP., INNOVATIVE HEARTH PRODUCTS, INNOVATIVE POOL PRODUCTS, INSPARATION SPA & BATH AROMATHERAPY, INSULATED POOL KITS, LLC, INTERACTIVE MARKETING GROUP (IMG), INTERMATIC, INTERMATIC NCORPORATED, INTERNATIONAL CODE COUNCIL, INC., INTERNATIONAL DOCUMENT SERVICES, INC., INTERNATIONAL E-Z UP, INTERNATIONAL POOL/ SPA/ PATIO EXPO, INTERNATIONAL SWIMMING HALL OF FAME, INTERNATIONAL SWIMMING POOLS, INC., INTERTEK, INTEX RECREATION CORP., IOSSO PRODUCTS, IPS CONTROLLERS, IPSSA (INDEPENDENT POOL & SPA SERVICE ASSN.), I-REP THERAPY PRODUCTS, INC., IWANIT PRODUCTS, J & J ELECTRONICS, LLC, J.P. AUSTIN ASSOCIATES, JACK'S MAGIC PRODUCTS, INC., JACKSON'S POTTERY, JACUZZI HOT TUBS, JED ENGINEERING, INC., JED POOL TOOLS, JEDCO PRODUCTS, INC., JENSEN LEISURE FURNITURE LLC, JERITH MFG. 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LYALL & COMPANY, INC., RADIANT POOLS, RAIN DROP PRODUCTS LLC, RAM OUTDOOR DECOR, RAMUC POOL SPECIALTY COATINGS SYSTEMS, RASMUSSEN GAS LOGS & GRILLS, RAVE SPORTS, RAYNER COVERING SYSTEMS, INC., RAYPAK, INC., RB RETAIL & SERVICE SOLUTIONS, RBS PLANET, INC., RECREATION SUPPLY COMPANY, RECREONICS, INC., REDTREE INDUSTRIES, INC., REED SHOTCRETE QUIPMENT, REEDER & VERMAAT, INC., REEMAY FILTRATION FABRIC, REGAL BELOIT, REGAL TEAK, REICHHOLD, INC., RELIANCE CONTROLS CORP., RELIANT POOL PRODUCTS LIMITED, RENOSYS CORP., RESODYN CORP., RETAIL STORE CONCEPTS, INC., REZOLIN LLC, RFI CONSTRUCTION PRODUCTS, RICHWOOD IMPORTS, INC., RIDGE TOOL COMPANY, RISING DRAGON USA, LLC, RJ FILTRATION, INC., RJE TECHNOLOGIES, INC., ROBERT H. PETERSON COMPANY, ROBERT'S HOT TUBS, INC., ROCHEUX INTERNATIONAL, ROCK & WATER CREATIONS, INC., ROCK BOTTOM, INC., ROCKCRAFT DESIGNS, ROCKUSTICS, INC., ROCKWELL AUTOMATION, ROCKY'S REEL SYSTEMS, INC., ROKQUEST, INC., ROLA-CHEM/PARADISE INDUSTRIES, ROLL-A-COVER, ROMAN FOUNTAINS CORP., ROSE ROCK SPA COVERS, ROTOR CLIP COMPANY, ROYAL SPA CORP., RUST-OLEUM INDUSTRIAL BRANDS, S.R. SMITH, LLC, SAFARI THATCH, INC., SAFETY GRIP, SAFETYCOPE, SAFEWATER SYSTEMS, INC., SALES LINK, SALINE POOL SYSTEMS, SALTMAN ENTERPRISES, INC., SAMADHI TANK CO., SAN JUAN POOLS, SAN-ROCK, SANTA FE FASTENERS, SARATOGA SPA & BATH CO., INC., SAUNA CRAFT, SAUNACORE, SAUNAS BY ERKKI, SCANDIA MFG., INC., SCHAEFER VENTILATION EQUIPMENT, SCHWING AMERICA INC., SCOTTSDALE FIRE & WATER, SDP INTERNATIONAL, SEAL & DESIGN, INC., SEASIDE CASUAL FURNITURE CO., SEDONA SPAS, SEMCO PLASTICS, SEMCO SALES & CONSULTING, SENNE SALES INC., SENSOREX, SENTINEL SECURITY LOCKERS, SENTRY POOL, INC., SENTRY UV, INC., SEPARMATIC, SERESCO, SERUM WATERCARE LLC, SEVERN TRENT SERVICES, SGM, INC. (SOUTHERN GROUTS & MORTARS, INC.), SHADE TRENDS, LTD., SHADETREE SYSTEMS, LLC, SHASTA CAD, SHELTER LOGIC, SIDER-CRETE , INC., SIEMENS PROCESS INDUSTRIES AND DRIVES, SIGURA, SILBRICO CORP., SILKBALANCE, SILVER LAKE RESEARCH CORP., SIMPOOLTEC, SKIMLITE MANUFACTURING, SKIMMER GUARD, SKIMMERLID.COM, SLIPDOCTORS, SMALL SEEDS, INC., SMART PRODUCTS USA, INC., SMARTPOOL LLC, SMOOTH-BOR PLASTICS, SNAP-TITE ESCUTCHEONS INC., SNORKEL HOT TUB CO., SOFPOOL, LLC, SOFTUB, INC., SOLAR DIRECT, SOLAR FACTORY POOL PRODUCTS, INC., SOLAR HYDRONICS CORP., SOLAR SUN RINGS, SOLAR SUN RINGS, INC., SOLAR UNLIMITED INC., SOLARATTIC, SOLAXX, LLC, SONSHINE COVERS, SOUDAL ACCUMETRIC, SOUNDCAST LLC, SOUTHERN LAMPS, INC., SOUTHWEST BOULDER & STONE, INC., SOUTHWEST INDUSTRIES, SOUTHWEST POOL AND SPA SHOW, SP & S SWIMMING POOL & SPA EQUIPMENT, SP INT'L, INC., SPA & TUB MANUFACTURERS, INC., SPA COMPONENTS, INC., SPA DOLLY, SPA LOOPS, SPA MANUFACTURERS, INC., SPA PARTNERS/CHEMSPA INDUSTRIES, SPA PARTS WAREHOUSE, SPA SEAL COVER CO., SPA SHOPPER, SPA SPECIALIST HAVENMADE, INC., SPABED® DRY HYDRO MASSAGE SYSTEM, SPACCESSORIES MFG., SPAS ETC., SPAZAZZ, SPEAR CORPORATION, SPEARS MFG. CO., SPECIALIZED BUSINESS SOLUTIONS, SPECIALTY MINERALS, INC., SPECIALTY POOL PRODUCTS, INC., SPECK PUMPS-POOL PRODUCTS, INC., SPECTRALIGHT TECHNOLOGIES, SPECTRUM AQUATICS, SPEEDO/WARNACO SWIMWEAR INC., SPIDER TIE, SPIREC N.A., INC., SPLASH SUPERPOOLS LTD., SPLASH-A-ROUND POOLS, SPRAY FORCE INT'L., INC., SPRINGLEAF FINANCIAL SERVICES, SPRINT AQUATICS, SSC POOL GASKET & SEAL CO. INC., STAINERASER, INC., STAMPCRETE INT'L. LTD., STA-RITE, STEAM SAUNA, STEAMIST INC., STEEL & GLASS ARCHITECTURAL, STEELCOTE MFG. CO., STELLAR MFG., STELLAR SALES, STENNER PUMP COMPANY, STEPAN COMPANY, STEREOSTONE, STEVE LUNSFORD CORP., STRUCTURE STUDIOS, SUMMER CLASSICS, SUMMERSET PROFESSIONAL GRILLS, SUMMIT USA, SUN DOME INC., SUN FIBERGLASS PRODUCTS, INC., SUN POOL PRODUCTS, SUNAIR AWNINGS & SCREENS, SUNBELT POOL PRODUCTS, LLC, SUNBELT SPAS MFG. CO., SUNBRITETV LLC, SUNCOAST ALUMINUM FURNITURE, SUNCOAST CHEMICALS CO., SUNCRETE OF CAROLINA, SUNDANCE SPAS, INC., SUNDECK PRODUCTS USA, INC., SUNDRELLA OUTDOOR FURNITURE, SUNEARTH, INC., SUNESTA PRODUCTS, SUNHEAT INTERNATIONAL, SUNRAY HOT TUBS & PATIO, SUNRISE SPAS, SUNSHINE POOL PRODUCTS, LLC., SUNSOLAR ENERGY TECHNOLOGIES, SUNTREK SOLAR INDUSTRIES, INC., SUPERFLEX LTD., SUPERIOR AQUA ENTERPRISES, INC., SUPERIOR MFG. CORP., SUPERIOR SWIM SYSTEMS, INC., SURECRETE DESIGN PRODUCTS, SUREWATER TECHNOLOGIES INC., SURFSIDE POOL SERVICES LTD., SWIM 'N PLAY, INC., SWIMCORDS, SWIMCRAFT, INC., SWIM-CRETE, SWIMDEK, SWIMEX, INC., SWIMLINE, SWIMLINE CORP/INTERNATIONAL LEISURE PRODS., SWIMSHAPE LLC, SWIMTECH DISTRIBUTING, INC., SWIMTIME, SWIMWAYS CORP., SYLVAN WOODS, SYNCHRONY, SYNMARK, SYNTHETIC SURFACES, INC., SYNTHETIC TURF INTL., SYSTEMS WEST, LLC, T. DULA SPECIALTIES, T.G. SCHMEISER CO. INC./THE CALIFORNIA FIREPIT, TALK-A-PHONE, TALLMAN POOLS, TARA MFG., INC., TAYLOR TECHNOLOGIES, INC., TAYLOR/HAYES, INC., TDG MARKETING, INC., TEC GRILLS, TECHNICAL PRODUCTS CORPORATION {A POOL SAFETY COVER HARDWARE MANUFACTURING COMPANY), TECHNO-SOLIS, TECMARK CORPORATION, TELATEMP CORP., TELESCOPE CASUAL FURNITURE, INC., TENCATE GEOSYNTHETICS N.A., TEPCO, TERRA FURNITURE, INC., TERRAZZO & MARBLE SUPPLY CO., TEXAS SPA COVERS, TEXTILE INDUSTRIES, INC., THE ASSOCIATION OF POOL & SPA PROFESSIONALS, THE BEAR CHAIR CO., THE BIG GREEN EGG, HY-TEK, THE COVER COMPANY, INC., THE DENNIS CHAPMAN GROUP, LLC., THE GRAHAM LEISURE GROUP, LLC, THE GREAT AMERICAN WATERFALL CO., THE GREEN SCENE LANDSCAPING & POOLS, THE HAMMOCKSOURCE, THE HARTFORD FINANCIAL SERVICES GROUP, INC., THE POOL & SPA SHOW, THE POOL FACTORY, INC., THE PROMARK GROUP, THE REDMAN GROUP, INC., THE ROCA TILE GROUP, THE RUSCOE COMPANY, THE SCHUNDLER COMPANY, THE SERVICE PROGRAM, THE SINGLETON CO., THE SMART! COMPANY, THE STRONG COMPANY, INC., THE VINYL WORKS, INC., THERASAUNA, THERM PRODUCTS, THERMA-HEXX, THERMALEC POOL AND SPA PRODUCTS, THERMA-STOR LLC, THERMEX-THERMATRON, LP., THERMO FISHER SCIENTIFIC, THOMSONTEC, THRUFLOW, INC., TILE SAVERS, TILE SPECIALTIES, INC., TIMBERTECH, TIME SAVER TOOL CORP., TINTOMETER INC., TITAN METAL WERKS, TOPANGA ART TILE, TORCAN CORP., TORK® POOL & SPA PRODUCTS, TORQCORP., TORQUE LOCK~ STRUCTURAL SYSTEMS, TORTUGA OUTDOOR, TOUCH AMERICA, TRC RECREATION, LP, TREASURE GARDEN, INC., TRENCH DRAIN SYSTEMS, TRENDIUM POOL PRODUCTS, INC., TREVI POOLS, TRIANGLE TUBE PHASE ILL, TRIBECA STONEWORKS, TRI-CITY VINYL, INC., TRIMCO®, TRIODYNE SAFETY SYSTEMS, LLC, TRIOGEN LTD., TRIQUETRA MARKETING, TRITON TECHNOLOGIES, TROPICAL EXPRESSIONS, INC., TROPICLEAR CHEMICALS, TUBULAR SPECIALTIES MFG., TUFF COAT, INC., TURBOTEC PRODUCTS, INC., TURTLE PLASTICS COMPANY, TWIN OAKS HAMMOCKS, U S CHEMICAL/BETA TECHNOLOGY, U.S. ACRYLIC, INC., U.S. AIRWATER PRODUCTS, U.S. CONSUMER PRODUCT SAFETY COMMISSION (CPSC), U.S. FLUID TECH CORP., U.S. SAWS COMMISSION (CPSC), U.S. SILICA COMPANY, U.S. WATER FITNESS ASSN./ NAT'L. HDQRS., ULLLC, ULTIMATE MANUFACTURING, INC., ULTRA ALUMINUM MFG., INC., ULTRA CORPORATION LIMITED, ULTRA POLYMERS, INC., ULTRA POOL AND SPA, ULTRAPURE WATER QUALITY, INC., UMASOLAR, UNICEL FILTER CARTRIDGES, UNION LABORATORIES, INC., UNIQUE SOLUTIONS, INC., UNITED AQUA GROUP, UNITED CHEMICAL CORP., UNITED INDUSTRIES, UNITED SPAS, INC., UNITED STATES PUMICE CO., UNIVERSAL FABRIC STRUCTURES, INC., UNIVERSAL FILTRATION, INC., UNIVERSAL MINERALS, INC., UNIVERSAL PLASTIC MOLD, UNIVERSAL TEMPLATES, LLC, UNIVERSAL WHITE CEMENT CO., UNIWALL MFG. CO., US THERMO AMP, USA SHADE & FABRIC STRUCTURES, INC., VAC-ALERT INDUSTRIES, LLC, VACLESS SYSTEMS, INC., VAK PAK, VALCON INDUSTRIES, INC., VAL-PAK PRODUCTS, VALTERRA PRODUCTS, LLC, VALUTECH, INC., VAN KIRK & SONS, INC., VERMICULITE INDUSTRIAL CORP., VERMONT ISLANDS, VETRO MOSAICO, S.A., VIDSONIX DESIGN WORKS, VIKING CUE MFG. LLC, VIKING SPAS, INC., VINYL FABRICATIONS, INC., VINYL WORKS CANADA, VIP SOLUTIONS LLC, VIXEN HILL MFG. CO., VORTEK POOL PRODUCTS, W. COOPER INC., W. LIM CORP., WABASH VALLEY MFG. DIV. OF BJI (BROWN JORDAN INT.), WAC LIGHTING, WAILANI NATURAL PUREWATER SYSTEMS, WALCHEM, IWAKI AMERICA INC., WARM WATER SOLUTIONS, INC., WARM WATERS ALESG ROUP, WATER GEAR, INC., WATER PURE TECHNOLOGIES, INC., WATER QUALITY STORE, WATER TECH, WATER TECH, WATER-1.DG. MBH, WATERCO CANADA, WATERCO USA, INC., WATERLINE TECHNOLOGIES, INC. - PSOC, WATERLINES, INC., WATERPLACE, WATERS PORTSL, LC, WATERSHAPE CONSULTING, INC., WATERWAY, WATERWAY PLASTICS, WE K & ASSOCIATES, INC., WELD-ON ADHESIVES, INC., WEST COAST SPAS, WESTVIEW MANUFACTURING, WINDO, ZAMZOW MFG. CO., ZODIAC FLUIDRA

12.12 Information and content in the Pool Brigade App, Website and Kiosk is assimilated, aggregated, accumulated and put together from various standard known sources including, but not limited to, CDC (Centers for Disease Control and Prevention), published websites & databases from various manufacturers and brands, public domains. For resolving any concerns regarding any information, content, complaint regarding the Services or to receive further information regarding the use of the Services in Pool Brigade App, Web or Kiosk, please contact us by email at info@poolbrigade.com or by mail to:

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