B&D GROUP DBA POOLCANDY respects the privacy of its Users.
We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience. Our secure servers protect your information using advanced encryption techniques and firewall technology. However, we do not store your credit card information after the purchase. To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to B&D GROUP DBA POOLCANDY. You may unsubscribe from our newsletters following the unsubscribe instructions in any email you receive from us.
We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.
The personally identifiable information that you provide to us and information about your order may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. We also use Pixel Tags to collect additional information regarding your browsing experience. This information will be used to make our future marketing efforts more efficient and to provide you with a more relevant and timelier brand and shopping experience. This information may also be shared with our third-party service providers that assist us with our marketing efforts.
We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.
The personally identifiable information that you provide to us and information about your order may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. We also use Pixel Tags to collect additional information regarding your browsing experience. This information will be used to make our future marketing efforts more efficient and to provide you with a more relevant and timelier brand and shopping experience. This information may also be shared with our third party service providers that assist us with our marketing efforts.
SMS marketing and notifications (if applicable): By entering your phone number during account registration or in checkout and initializing a purchase, you agree that B&D GROUP DBA POOLCANDY may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. SMS marketing messages will not exceed 100 per month. You can unsubscribe from further text messages by replying STOP.
Disclaimers & Limitation of Liability
User expressly agrees that use of the Web Site is at User’s sole risk. Neither B&D GROUP DBA POOLCANDY nor its affiliates, nor any of their respective officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that the Web Sites will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Web Sites, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Web Sites.
THE WEBSITE IS PROVIDED BY B&D GROUP DBA POOLCANDY ON AN “AS IS”AND “AS AVAILABLE” BASIS. B&D GROUP DBA POOLCANDY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, B&D GROUP DBA POOLCANDY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY B&D GROUP DBA POOLCANDY OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES SHALL B&D GROUP DBA POOLCANDY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEB SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEB SITES, INCLUDING BUT NOT LIMITED TO, A USER’S RELIANCE ON ANY INFORMATION OBTAINED FROM THE WEB SITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO B&D GROUP DBA POOLCANDY’s RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEB SITES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Content Proprietary Rights.
User acknowledges that the Web Sites contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. copyright laws, and B&D GROUP DBA POOLCANDY owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
Single Copy License.
Subject to all provisions in these Terms and Conditions of Use, User may make one copy, by either downloading or copying, of text, photographs, images, video, and audio contained in the Web Sites on a single computer for User’s personal, non-commercial use only. However, any use of the Web Sites, including the downloading or copying of B&D GROUP DBA POOLCANDY materials from the Web Sites for User’s personal use, will indicate User’s consent and agreement to the terms stated in this notice. No right, title or interest in B&D GROUP DBA POOLCANDY material downloaded or copied from the Web Sites is conveyed to User as a result of any such downloading or copying, and such downloaded or copied material may not be used for any commercial purpose. This is a license, not a transfer of title to B&D GROUP DBA POOLCANDY’s material, and this license is subject to the following restrictions:
- User may not reproduce, publish, transmit, distribute, perform, display, modify, create derivative works from, sell, rent, or otherwise exploit the Web Sites or any of their contents without B&D GROUP DBA POOLCANDY’s prior written consent;
- User may not post, upload, display or otherwise transmit our materials to another web site, including but not limited to, any personal or commercial website; and
- User agrees to prevent any unauthorized copying of B&D GROUP DBA POOLCANDY’s materials
If no specific restrictions are displayed, Users may make one copy of select portions of the Content, provided that the one copy is made only for User’s personal, non-commercial use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
B&D GROUP DBA POOLCANDY is a distributor, and not a publisher, of Content supplied by third parties and Users. B&D GROUP DBA POOLCANDY has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of the Web Sites, are those of the respective authors or distributors and not of B&D GROUP DBA POOLCANDY or its affiliates or any of their respective officers, directors, employees, or agents. Neither B&D GROUP DBA POOLCANDY nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of the Web Sites, guarantees the accuracy, completeness, or usefulness of any Content, or its merchantability or fitness for any particular purpose. In many instances, the Content available through the Web Sites represents the opinions and judgments of the respective Provider or User not under contract with B&D GROUP DBA POOLCANDY B&D GROUP DBA POOLCANDY neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Web Sites by anyone other than authorized B&D GROUP DBA POOLCANDY employees. Under no circumstances shall B&D GROUP DBA POOLCANDY or its affiliates, or any of their respective officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Web Sites. It is the responsibility of User to evaluate the information, opinions, advice, or other Content available through the Web Sites.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations, including but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Web Sites to either a foreign national or a foreign destination in violation of such laws.
B&D GROUP DBA POOLCANDY is not responsible for the availability of external sites or resources linked to the Web Sites and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. B&D GROUP DBA POOLCANDY shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
Important Notice to Webmasters.
Regarding the use of trademarked names in metatags and/or hidden text, B&D GROUP DBA POOLCANDY has a zero-tolerance policy. The use of trademarked names in metatag keywords is trademark infringement, and the use of trademarked terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any section of the Web Sites is prohibited absent express written permission from B&D GROUP DBA POOLCANDY Framing the Web Sites with links, advertisements and/or other information not originating from the Web Sites is expressly prohibited.
Online Conduct and Submissions
Content of Others.
Users only may upload to or otherwise distribute on the Web Sites’ Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. Users will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither B&D GROUP DBA POOLCANDY nor its affiliates, nor any of their respective officers, directors, employees, agents, Providers, or the like, will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report infringement by using our web form. By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted B&D GROUP DBA POOLCANDY the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on the Web Sites retains any and all rights that may exist in such Content.
Limit on Uses.
User agrees to use the Web Sites only for lawful purposes. User is prohibited from posting on or transmitting through the Web Sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If B&D GROUP DBA POOLCANDY is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, B&D GROUP DBA POOLCANDY may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Web Sites. B&D GROUP DBA POOLCANDY may disclose any Content or electronic communication of any kind under the following circumstances:
- to satisfy any law, regulation, or government request;
- if such disclosure is necessary or appropriate to operate the Web Sites; or
- to protect the rights or property of B&D GROUP DBA POOLCANDY’ Users or Providers.
B&D GROUP DBA POOLCANDY reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the Web Sites, the communities that make up the Web Sites, or any rights of B&D GROUP DBA POOLCANDY or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither B&D GROUP DBA POOLCANDY nor the Web Sites’ Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither B&D GROUP DBA POOLCANDY nor its affiliates, nor any of their respective officers, directors, employees, or agents, nor the Web Sites’ Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Web Sites.
User-Generated Content and License.
User may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” User may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. B&D GROUP DBA POOLCANDY reserves the right (but not the obligation) to remove or edit any such content but does not regularly review posted content.
All content described in the immediately preceding paragraph and any and all other information, content or materials that User posts or sends to B&D GROUP DBA POOLCANDY are referred to as “User-Generated Content.” If User posts or sends any User-Generated Content to B&D GROUP DBA POOLCANDY, intentionally or unintentionally, B&D GROUP DBA POOLCANDY (and such others as B&D GROUP DBA POOLCANDY may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, User or anyone else. B&D GROUP DBA POOLCANDY and its designees also shall have the right (but no obligation) to use the name User submits, as well as any other name by which User is or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, User hereby unconditionally grants to B&D GROUP DBA POOLCANDY a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to User and with or without attribution (the “User-Generated Content License”). User should not send B&D GROUP DBA POOLCANDY any material that is not intended to be subject to the User-Generated Content License. User agrees to the User-Generated Content License whether or not User-Generated Content is used by B&D GROUP DBA POOLCANDY
User agrees that User-Generated Content will not be subject to any expectation of trust or confidence between User and B&D GROUP DBA POOLCANDY, and that no confidential or fiduciary relationship is intended or created between User and B&D GROUP DBA POOLCANDY To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by B&D GROUP DBA POOLCANDY, User agrees not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that User accesses the Web Sites, or posts or submits User-Generated Content, User agrees that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by User.
Online Security Statement
We understand that many consumers are concerned about Internet security. B&D GROUP DBA POOLCANDY employs industry-leading technologies to store sensitive information and protect it while in transit over the Internet. The following Security Statement describes the technologies we use and provides additional details about how we handle sensitive data like credit card information. We want you to be able to shop at B&D GROUP DBA POOLCANDY with complete confidence.
The Transmission of Sensitive Data
We work hard to protect the information that you send to us while it is en route to and from our sites. To provide secure transmission, B&D GROUP DBA POOLCANDY employs Secure Sockets Layer technology (SSL) on those pages that involve sensitive information such as credit card numbers. SSL, which is supported by a vast majority of Internet browsers available today, is the most commonly employed method of secure, encrypted communication used on the Internet. We also use a 3rd party shopping cart that is PCI compliant. At no time do any B&D GROUP DBA POOLCANDY employees have access to your credit card or personal sensitive information.
Termination of Usage
B&D GROUP DBA POOLCANDY may terminate or suspend any User’s access to all or part of the Web Sites, without notice, for any conduct that B&D GROUP DBA POOLCANDY, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or the Web Sites.
Please note that COUPONS are not valid for ANY discounted offer, promotions, special offer, and clearance items.
Coupon vouchers are not cumulative with ANY upcoming promotions.
We do not intend to collect any personally identifiable information from children through our websites. Please do not allow children under the age of 18 to provide any personally identifiable information or participate in the bulletin board sections of B&D GROUP DBA POOLCANDY nor its affiliated websites.
EACH TIME USER PURCHASES A PRODUCT AT THE WEB SITES, USER IS REPRESENTING TO THE WEB SITES THAT USER IS AN ADULT.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
B&D GROUP DBA POOLCANDY also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. B&D GROUP DBA POOLCANDY may terminate the authorization, rights and license given above at any time and without notice. User’s continued use of the Web Sites after any changes to these terms are posted will be considered acceptance of those changes.