site terms and conditions of use

GENERAL

Welcome to the Imagine Pools^® website, https://imaginepools.com (the “Site”). The Imagine Pools^® brand is part of the Explore Industries family of brands and the Site is operated from Australia by Explore Industries Australia Pty Ltd as Trustee for Explore Industries Australia Unit Trust (“Explore”). The content on the Site is owned by Explore or its affiliated companies and by affiliates and third parties that post on the Site through a license from Explore, but for whom Explore assumes no direct responsibility. Please read these Site Terms and Conditions of Use (these “Terms of Use”) as they, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement between you and Explore regarding the Site and set forth the legally binding terms governing your visit(s) to the Site. These Terms of Use apply to all persons who visit the Site, regardless of their level of participation.

By using the Site, you agree that you have read, understand and accept these Terms of Use and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

By using the Site, you also agree that you will not use the Site for any purpose that is unlawful or in contravention of these Terms of Use. Explore reserves the right to change these Terms of Use from time to time without notifying you. If you object to any such changes, your sole recourse shall be to cease using this Site. Continued use of the Site following the effective date any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Explore may cease all or part of the Site at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms of Use, please do not use the Site.

NOTICE AND DISCLAIMER REGARDING INDEPENDENT IMAGINE POOLS^® DEALERS

Imagine Pools^® products 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 Explore Industries USA, Inc. (“Explore USA”) or Explore Industries Canada, Inc., as applicable. Explore USA is the product manufacturer and Explore USA and its affiliates are completely separate from the independent sellers and installers who act as dealers. These dealers are not owners, employees or agents of Explore USA or its affiliates, have no right or authority to bind Explore USA or its affiliates, and are not authorized to make any claims regarding Imagine Pools® products that are not contained in Imagine Pools^® literature supplied by Explore USA or its affiliates. Neither Explore USA nor any of its affiliates is responsible or liable in any way for the actions or omissions of these dealers or any related damage to persons, property or Imagine Pools^® products. Before entering into a contract with a dealer of Imagine Pools® products, 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 Explore USA or its affiliates and its dealers contrary to this notice are expressly disclaimed by Explore USA and its affiliates and should be disregarded.

EXPLORE USA AND ITS AFFILIATES HEREBY DISCLAIM 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 USA, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DAMAGE TO ANY IMAGINE POOLS^® PRODUCT OR OTHER DAMAGES CAUSED BY SUCH DEALER OR OTHER PERSON OR ENTITY.

Explore USA offers a separate manufacturer’s limited warranty to retail purchasers of specific Imagine Pools^® products (“Limited Warranty”). The 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 USA. A copy of the Limited Warranty can be found at https://imaginepools.com/warranty/Imagine-Pools-Limited-Warranty-5-2023.pdff.

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 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. Product measurements and dimensions are provided as a guide and may vary to some extent from actual product measurements and dimensions. Please consult your Imagine Pools® 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.

TRADEMARK NOTICE

IMAGINE POOLS^®, EXPLORE^® and all other trademarks displayed on the Site are owned or used under license by Explore, 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.

PRIVACY

For an explanation of privacy policies and practices regarding information that we may collect from you in connection with your use of the Site and/or otherwise, you should review the Imagine Pools Privacy Policy at https://imaginepools.com/privacy-policy/, the terms of which are incorporated herein by reference. By using the Site, you are agreeing to this Privacy Policy and you will be bound by the terms of such Privacy Policy.

INDEMNTIY AND HOLD HARMLESS

By using the Site, you agree that you will defend, indemnify and hold harmless Explore, its affiliates and all related advertising and promotions agencies, together with the respective affiliates, employees, agents, directors, officers, managers, members and shareholders of each of the foregoing, from and against any liabilities, claims, damages and expenses (including reasonable attorneys’ and/or lawyers’ fees and costs) arising out of your use of the Site, your breach or alleged breach of these Terms of Use, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Explore and its affiliates reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with Explore and/or its applicable affiliate in its defense of such claim.

REVISIONS TO TERMS OF USE; WARRANTIES DISCLAIMER

Explore may at any time revise these Terms of Use by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms of Use from time to time.

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, its affiliates, 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 and its affiliates disclaim 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 APPLICABLE LAW, EXPLORE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, MEMBERS, MANAGERS, REPRESENTATIVES AND AGENTS 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. NONE OF EXPLORE, ITS AFFILIATES, INFORMATION PROVIDERS OR THEIR RESPECTIVE AGENTS IS PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.

MISCELLANEOUS

These Terms of Use, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement between you and Explore regarding the Site and any services provide hereon, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the services provided on the Site. The Site is operated from Australia. These Terms of Use are governed by, and construed in accordance with, the laws of the Queensland, Australia, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms of Use is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Explore’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. All lawsuits arising from or relating to these Terms of Use shall be brought in the Federal or State courts located in Brisbane, Queensland, Australia, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

VERSION DATE: May 2023