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Terms of Use
Terms of Service
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE. By using this site, you agree to these terms of use. If you do not agree to these terms, you may not use this site.
Berry Pool reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.
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Copyright
All site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2012, Berry Pool. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Berry Pool. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Berry Pool strictly prohibited.
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Disclaimer
The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an “as is” basis with no warranty, either express or implied. to the maximum extent permitted by law, berry pool disclaim all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, does not represent or warrant that the information accessible via this site is accurate, complete or current. price and availability information is subject to change without notice.
Berry Pool occasionally obtains item photographs from third party vendors and/or manufacturers. We do not investigate to determine if information is not accurate nor can we provide assurance that all data is free of typographical errors. We cannot guarantee information displayed on the Web site to be 100% accurate.
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Order Acceptance
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Berry reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Payment Policies
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes. In the event a check is returned or electronic payment is denied, Berry Pool may impose a fee to cover the cost of any charges incurred. If you fail to pay any invoices or charges on account, when due, Berry Pool may charge such amount directly to the credit card identified in your Customer profile and Berry Pool may suspend or terminate your access to our online service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Berry Pool may incur in its efforts to collect any unpaid balances from you. Your right to use the Berry Pool online service is subject to limits established by Berry Pool. If payment cannot be charged to your credit card or a payment is returned to for any reason, including chargeback, Berry Pool reserves the right to suspend or terminate your access to the online service and your customer account.
Berry Pool also reserves the right to establish a credit limit for your account. All Commercial Credit Accounts are subject to the Commercial Net 30 Account Agreement terms and conditions.
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Account Information
Berry Pool secure server encrypts your credit card and other information so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure server. Berry Pool will exercise commercially reasonable efforts to ensure that your credit card information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the our online service.
In servicing your account, Berry Pool, may also collect addresses, contact names, corporate names, division names, telephone numbers and fax numbers, as well as e-mail addresses. This data may be used by Berry Pool for the purpose of improving customer service and/or offering or furnishing products and services of Berry Pool. It is our policy that we would not provide collected data to third-parties outside of Berry Pool unless it is necessary to do so in order to enable us to provide an appropriate level of service to users.
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Commercial Accounts
Berry Pool Commercial Account is for businesses or non-residential use. It is not for personal, family or household purposes. To receive a Berry Pool Commercial Credit Account you must meet our credit qualification criteria for the account. Your credit limit will be determined by a review of your credit report and, in some instances, a review of such other financial information as we may ask you to provide. No credit overrides will be provided on through our website Berrypool.com for our Commercial Credit Accounts. In the occurrence an increase in credit is needed please contact the our Commercial Account Department to speak to an account representative. The Commercial Department can be reached M-F from 9am to 5pm at (956) 541-1309.
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Suspension of Service
Berry Pool may suspend or terminate the our online service at any time for any reason with or without notice to you. Berry Pool reserves the right to collect any outstanding fees and charges incurred before canceling your online service.
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Limitation on Liability
IN NO EVENT SHALL BERRY POOL OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, COVER, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF BERRY POOL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES AND INFORMATION AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND/OR CLAIMS OF THIRD PARTIES.
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Delivery of Services
Berry Pool orders may arrive in multiple packages and on separate days with multiple product orders depending on type of and volume of product ordered. Berry Pool reserves the right to refuse delivery. Berry Pool or Berrypool.com is liable for delays or prevention of delivery due to unforeseen circumstances, or acts of God. This may include weather conditions, traffic conditions, and / or mechanical difficulties.
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Tax Exempt
Transactions This site does not support tax exempt transactions for Residental or Commercial Customers. All qualified tax exempt Residental or Commercial Customer transactions can be made via mail order at (956) 541-1309 or at a store location. If you are a Berry Pool Commercial Customer with a company or business that is tax exempt you must place your order via our store locations in order to receive the tax exemption. All orders placed thru Berrypool.com are displayed with tax.
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Links to Other Web Sites
Berrypool.com contains links to other web sites. Berrypool.com is not responsible for the privacy practices and content of these third-party web sites. We recommend you to follow safe internet practices. Do not supply personal information to these web sites unless you have verified their security and privacy policies.