Privacy Policy

Fluidra is a global manufacturer of residential pool equipment and connected pool solutions. The Fluidra family of brands includes Jandy, Polaris, Zodiac, iAquaLink, Cover-Pools, Nature2, Caretaker, Baracuda, SAVI, and Grand Effects. This Privacy Policy describes the practices of Zodiac Pool Systems LLC, a Fluidra company, in North America and its affiliated entities (collectively, “Fluidra,” “we,” “us,” or “our”) in connection with information that we collect through https://www.fluidra.ca and the other websites operated by us from which you are accessing this Privacy Policy (the “Websites”), through the software application made available by us for use on or through computers and mobile devices (the “App”), through our social media pages that we control from which you are accessing this Privacy Policy (“Social Media Pages”), through HTML-formatted email messages that we send to you that link to this Privacy Policy, through our pool automation systems and other connected products and services (the “Connected Products”), and through our offline communications with you in connection with your interest in or use of our products and services (collectively, including the Websites, the App, our Social Media Pages, email messages, Connected Products and offline communications, the “Services”).

If you are a California resident, please see our California Privacy Notice, for additional details on how we handle your personal information and how to exercise your rights under the California Consumer Privacy Act.

Personal Information

"Personal Information" is information that identifies you as an individual or relates to an identifiable individual, including:

  • Name;
  • Postal address (including billing and shipping addresses);
  • Telephone number;
  • Internal account ID, username, and password;
  • Email address; and
  • Credit and debit card numbers.

We may need to collect and process these types of Personal Information in order to provide the requested Services to you, or because we are legally required to do so. If you do not provide the information that we request, we may not be able to provide you with the requested Services.

Collection of Personal Information

We and our service providers may collect Personal Information in a variety of ways, including:

  • Through the Services: We may collect Personal Information through the Services. For example, we may collect Personal Information when you request information or sign up for a newsletter through our Websites, when you use our Social Media Pages, or when you register or create an account in connection with our App or Connected Products, or when you contact us for customer or technical support.
  • Offline: We may collect Personal Information from you offline, such as when you visit us at trade shows or contact customer service.
  • From Other Sources: We may receive your Personal Information from other sources, such as public databases, joint marketing collaborators, social media platforms (including from people with whom you are friends or otherwise connected) and from other third parties.

We may use a third-party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Information may be collected by such third party and not by us, and will be subject to the third party’s privacy policy, rather than this Privacy Policy.

If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Use of Personal Information

We and our service providers may use Personal Information for our legitimate business interests, including the following:

  • To respond to your inquiries and fulfill your requests, complete your transactions and provide you with related customer service.
  • To provide to you technical support and training information relating to our Services.
  • To send administrative information to you, such as changes to our terms, conditions and policies, as well as marketing communications that we believe may be of interest.
  • To personalize your experience on the Services by presenting products and offers tailored to you, and to facilitate social sharing functionality.
  • To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules containing information about how we use and disclose your Personal Information.
  • For our business purposes, such as data analysis, user research, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns, validating and managing the warranty process, and operating and expanding our business activities.

Disclosure of Personal Information

Your Personal Information may be disclosed:

  • To our affiliates for the purposes described in this Privacy Policy.
  • To our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other services.
  • To third parties, to permit them to send you marketing communications, consistent with your choices.
  • To third-party sponsors of sweepstakes, contests and similar promotions.
  • By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and content (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.

Other Uses and Disclosures

We may also use and disclose your Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable law, which may include laws outside your country of residence, to respond to requests from public and government authorities, which may include authorities outside your country of residence, to cooperate with law enforcement, or for other legal reasons; (b) to enforce our terms and conditions; and (c) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.

In addition, we may use, disclose or transfer your information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

Other Information

"Other Information" is any information that does not reveal your specific identity or does not directly relate to an identifiable individual, such as:

  • Browser and device information;
  • App usage data;
  • Information collected through cookies, pixel tags and other technologies;
  • Demographic information and other information provided by you that does not reveal your specific identity; and
  • Information that has been aggregated in a manner that it no longer reveals your specific identity.

If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy.

Collection of Other Information

We and our service providers may collect Other Information in a variety of ways, including:

  • Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly.
  • Through your use of the App: When you download and use the App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
  • Using cookies: Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used and assist us with resolving questions regarding them. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies or other technologies in online advertising to track responses to our ads. We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services.
  • Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.
  • Analytics: We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to https://policies.google.com/technologies/partner-sites, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
  • Using Adobe Flash technology (including Flash Local Shared Objects ("Flash LSOs")) and other similar technologies: We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also go to the Global Storage Settings Panel and follow the instructions (which may explain, for example, how to delete existing Flash LSOs (referred to as"information", how to prevent Flash LSOs from being placed on your computer without your being asked, and how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications.
  • IP Address: Your IP address is automatically assigned to your computer by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Services. We may also derive your approximate location from your IP address.
  • Through Connected Products: We may collect information pertaining to the configuration and use of a Connected Product, such as how a Connected Product is configured for a particular location and or use (e.g., pump schedules and temperature set-points), as well as operational data such as information describing the operational state and performance of a Connected Product at a particular moment in time, such as pump speed or power consumption of a Connected Product.

Uses and Disclosures of Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

Third Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, LinkedIn, Twitter, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the App or our Social Media Pages.

Third Party Advertising

We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services, based on information relating to your access to and use of the Services and other websites or online services on any of your devices, as well as on information received from third parties. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags). They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#/.

Security

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the "Contacting Us" section below.

Choices and Access

If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by clicking the opt-out mechanism provided in each of these emails.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out.

How you can access, change or suppress your Personal Information

If you would like to review, correct, update, suppress, restrict or delete Personal Information that you have previously provided to us, or if you would like to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us in accordance with the "Contacting Us" section below.

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed.

Retention Period

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

Use of Services by Minors

The Services are not directed to individuals under the age of thirteen (13), and we do not knowingly collect Personal Information from individuals under 13.

Jurisdiction and Cross-Border Transfer

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

If you are located in the EEA: Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures , such as standard contractual clauses adopted by the European Commission to protect your Personal Information. You may obtain a copy of these measures by contacting us in accordance with the “Contacting Us” section below.

Sensitive Information

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.

Updates to This Privacy Policy

We may change this Privacy Policy. The “LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.

Contacting Us

Zodiac Pool Systems LLC is the company responsible for collection, use and disclosure of your Personal Information under this Privacy Policy.

If you have any questions about this Privacy Policy, please contact us at contact.privacy@fluidra.com or:

Zodiac Pool Systems LLC
Attn: IT Department
2882 Whiptail Loop # 100
Carlsbad, California 92010

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.

ADDITIONAL INFORMATION FOR INDIVIDUALS IN THE EEA

If you are located in the EEA, you also may:

  • contact us at the following address with any questions about this Privacy Policy:

    Fluidra
    Avda. Francesc Macià, 60, planta 20, 08208, Sabadell (Barcelona) Spain

  • contact us as the following e-mail address: dataprivacy@fluidra.com
  • lodge a complaint with a supervisory authority competent for your country or region.

California Privacy Notice

Pursuant to the California Consumer Privacy Act of 2018 ("CCPA"), we are providing the following additional details regarding the categories of Personal Information that we collect, use, and disclose about California residents. This California Privacy Notice does not apply to our job applicants, employees, contractors, owners, directors, or officers where the Personal Information we collect about those individuals relates to their current, former, or potential role with us. Under the CCPA, "Personal Information" is information that identifies, relates to, or could reasonably be linked with a particular California resident or household.

The following chart details which categories of Personal Information about California residents we collected and disclosed in the preceding 12 months. We have not sold Personal Information, as "sale" is defined in the CCPA.

Category of Personal Information Collected? Disclosed?
A. Identifiers, such as name, contact information, IP address and other online identifiers. Yes Yes
B. Personal information, as defined in the California customer records law, such as name, contact information, and payment information. Yes Yes
C. Characteristics of protected classifications under California or federal law, such as age, gender, marital status, political affiliation, race, national origin, citizenship. No No
D. Commercial information, such as transaction information and purchase history. Yes Yes
E. Biometric information, such as fingerprints and voiceprints. No No
F. Internet or network activity information, such as browsing history and interactions with our website. Yes Yes
G. Geolocation data, such as approximate location derived from IP address. Yes Yes
H. Audio, electronic, visual, and similar information, such as service center call recordings. Yes Yes
I. Professional or employment-related information. No No
J. Education information subject to the federal Family Educational Rights and Privacy Act, such as student records. No No
K. Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics. Yes Yes

We collect this Personal Information from you and from other categories of sources, such as public databases, joint marketing collaborators, and social media platforms (including from people with whom you are friends or otherwise connected).

We use this Personal Information to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including using Personal Information to: develop, improve, repair, and maintain our products and services; personalize, advertise, and market our products and services; conduct research, analytics, and data analysis; maintain our facilities and infrastructure; undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; perform identity verification; perform accounting, audit, and other internal functions, such as internal investigations; comply with law, legal process, and internal policies; maintain records; and exercise and defend legal claims.

We share Personal Information with: (i) our affiliates; (ii) third-party service providers, who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other services; (iii) third-party sponsors of sweepstakes, contests and similar promotions; (iv) other third parties, to permit them to send you marketing communications, consistent with your choices; and (v) other third parties where required to comply with applicable law, to respond to requests from public and government authorities, to cooperate with law enforcement, or for other legal reasons. You may also choose to share Personal Information on message boards, chat, profile pages, blogs and other services to which you are able to post information and content, including our social media pages.

If you are a California resident, you may request that we:

  1. Disclose to you the following information covering the 12 months preceding your request:
    • The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
    • The specific pieces of Personal Information we collected about you;
    • The business or commercial purpose for collecting Personal Information about you; and
    • The categories of Personal Information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such Personal Information (if applicable).
  2. Delete Personal Information we collected from you.

To make a request for the disclosures or deletion described above, please contact us at contact.privacy@fluidra.com or:

Zodiac Pool Systems LLC
Attn: IT Department
2882 Whiptail Loop # 100
Carlsbad, California 92010

We will respond to your request consistent with applicable law.

You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

Please contact us at contact.privacy@fluidra.com if you have any questions regarding this California Privacy Notice.

Terms & Conditions

This Zodiac Pool Solutions User Agreement (the "User Agreement") sets forth the terms and conditions which apply to your use of the Zodiac Websites (defined below). By using the Zodiac Websites, you agree to the terms of this User Agreement just as if you had signed the User Agreement. If you do not agree to the terms and conditions contained herein, you should terminate use of the Zodiac Websites immediately.

Zodiac Pool Solutions or any of its related, affiliated or subsidiary companies, (together, "Zodiac"), reserves the right to modify or amend the User Agreement at any time without prior notice. By accessing the Zodiac Websites you signify your agreement to this User Agreement as it has been modified or amended.

Restrictions on Use
Material from www.zodiac.com and other websites owned, operated, licensed, or controlled by Zodiac, its related, affiliated or subsidiary companies (together, the "Zodiac Websites"), may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without prior written consent of Zodiac.

EXCEPTIONS: Product sell sheets, brochures, and manuals may be downloaded for their intended use, provided that you do not delete or change any copyright, trademark or other proprietary information or notices. Modification or use of the materials for any other purpose violates Zodiac's intellectual property rights.

The material on this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by Zodiac. Neither title nor intellectual property rights are transferred to you, but remain with Zodiac, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to any human perceivable form.

It is a condition of your use of the Zodiac Websites that you do not: (i) restrict or inhibit any other user from using and enjoying the Zodiac Websites; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, nation, or international law; (iii) post or transmit comments containing harassing or offensive language; (iv) post or transmit any information, software, or other material which is an invasion of privacy or publicity rights or which is protected copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; (v) post or transmit any information, software or other material which contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities; (vii) post, transmit, or in any way exploit any information, software, or other material for commercial purposes or which contains advertising; (viii) solicit other users to join, become members of, or contribute money to any online service or organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; and (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity.

Products and Services
The Zodiac Websites may contain links to other Internet sites on the World Wide Web. Zodiac provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Zodiac Websites. Links from the Zodiac Websites to any other website do not mean that Zodiac approves of, endorses, or recommends that website. Zodiac disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website. Zodiac specifically disclaims any responsibility if such sites: (i) infringe any third party's intellectual property rights; (ii) are inaccurate, incomplete, or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory.

The products and services on the Zodiac Websites may not be available for purchase and/or use in your particular country or locality. The reference to such products and services on the Zodiac Websites does not imply or warrant that these products or services will be available at any time in your particular location. You should check with a local Zodiac authorized representative for the availability of specific products and services in your area.

Limitation of Liability
Zodiac makes no guarantee of the availability of the Zodiac Websites and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Zodiac Websites at any time. IN NO EVENT WILL ZODIAC BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ZODIAC WEBSITES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, ZODIAC'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE ZODIAC WEBSITES FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

You agree to defend, indemnify and hold harmless Zodiac, its affiliates and its respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (i) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (ii) any misrepresentation made by you in connection with your use of the Zodiac Websites, (iii) any non compliance by you with the terms and conditions of this User Agreement, and (iv) claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Zodiac Websites, including information obtained through any offered services, sell sheets, brochures or manuals.

Trademarks and Other Proprietary Information
All trademarks and trade names used on the Zodiac Websites are owned by Zodiac or our affiliated companies. The copying, redistribution, use or publication by you of any of our marks, except as expressly agreed to in writing by Zodiac, is strictly prohibited. All remarks, suggestions, ideas, graphics, or other information communicated to Zodiac through this site (together, the "Submissions") will forever be the property of Zodiac. Zodiac will not be required to treat any Submissions as confidential, except for that information given protection under the "Zodiac Internet Privacy Policy," and will not incur any liability as a result of any similarities in future Zodiac operations. Without limitation, Zodiac will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and may use any Submission in any way Zodiac chooses without compensation or acknowledgment of its source, except as otherwise restricted by applicable law.

Miscellaneous
The formation, construction and interpretation of this User Agreement shall be controlled by the laws of the State of California, U.S.A., exclusive of its conflict of law provisions. The headings used in this User Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this User Agreement or any provision hereof.

Termination
Zodiac or you may terminate this agreement at any time. You may terminate this agreement by destroying: (i) all materials obtained from all Zodiac Websites, and (ii) all related documentation, copies and installations. Zodiac may terminate this agreement immediately without notice if, in its sole discretion, you breach any term or condition of this agreement. Upon termination, you must destroy all materials in any way related to or taken from the Zodiac Websites.

Any correspondence or questions should be mailed to:

Zodiac Pool Solutions
Attn: Legal Department
2620 Commerce Way
Vista, CA 92081
U.S.A.

Disclaimer

All information on Zodiac Websites (as defined in the Terms and Conditions of Use), including but not limited to the information regarding third-party pool builders, and other professionals referred to on the Zodiac Websites (together, "Pool Professionals"), has been compiled from sources deemed to be reliable and, while in no way guaranteed, is believed to be factual and accurate. Any referral of Pool Professionals is not intended to affect their individual reputations in anyway, but rather, is furnished solely to assist you in exercising your own judgment in selecting a contractor. You acknowledge sole responsibility for, and assume all risk arising from, your use of the information contained on the Zodiac Websites regarding Pool Professionals, and your actual use of any such Pool Professionals.

As a matter of policy, Zodiac, and any of its related, affiliated or subsidiary companies, does not endorse and does not make any representations regarding any third-party product, service, or company. The information or services provided through any link or by any third-party is not verified, fact-checked, or tested by Zodiac. Zodiac does not guarantee the accuracy of the information found on the Zodiac Website, and further disclaims all liability or responsibility for injury or impairment experienced by any users who utilize any products, information, or concepts. Zodiac makes no representation or warranty of any kind with respect to this site, service or any Pool Professional accessible through this site. Zodiac expressly disclaims all express and implied warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event will Zodiac be liable to any party or person for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs, or data) without regard to the form of action and whether in contract, tort, negligence, strict liability or otherwise, arising out of or in connection with this site, any Pool Professional found on this site, any content on or accessed through this site, or any site service linked to, or any copying, displaying, or use thereof.

BEFORE HIRING ANY CONTRACTOR AND FOR YOUR OWN PERSONAL PROTECTION, YOU SHOULD VERIFY THE STATUS OF THEIR LICENSE, REQUEST CERTIFICATES OF INSURANCE, VERIFY REFERENCES, AND BE SURE THAT YOUR AGREEMENT AND PAYMENT SCHEDULES ARE IN WRITING.

Zodiac assumes no responsibility for any and all liabilities, losses, expenses, liens, claims, demands, or causes of action (collectively, "Losses") that arise from any referral or information taken from the Zodiac Website regarding Pool Professionals. Referrals provided by the Zodiac Website are based solely on informal information gathering, not upon an expert review of specific abilities or knowledge. Pool Professionals listed on the Zodiac Website are in no way authorized by Zodiac and are not employees, representatives, or subsidiaries of Zodiac.

Many Zodiac products must be installed and serviced by a Pool Professional. The procedures for installation, provided with each individual product, must be followed exactly. Improper installation and/or operation can create dangerous conditions which can cause serious injury, property damage, or death. Zodiac is not responsible for any losses or damages caused by improper installation and/or operation. Improper installation and/or operation by you, a Pool Professional, or any other person will also void any warranties. Before having any Zodiac product installed, read and follow all warning notices and instructions that accompany each product.

The information provided on the Zodiac Website is free of charge and for informational purposes only and does not create any relationship between you and Zodiac or any of its officers, shareholders, owners, employees, affiliates, or representatives. Access to manuals, guides, data sheets, or other product information does not create a relationship of any kind.

Any use you make of this site, or any site or service linked to by this site, is done so at your own risk.

Specific questions regarding this disclaimer, or any other legal matters, should be directed to:

Zodiac Pool Solutions
Attn: Legal Department
2620 Commerce Way
Vista, CA 92081
U.S.A.

Zodiac Academy Terms & Conditions

This Zodiac® Academy User Agreement (the "User Agreement") sets forth the terms and conditions which apply to your personal use of the items, documents and information contained on the Zodiac Academy Website. By using the Zodiac Academy Website, you agree to the terms of this User Agreement just as if you had signed the User Agreement. If you do not agree to the terms and conditions contained herein, you should terminate use of the Zodiac Academy Website immediately.

Zodiac Pool Systems, Inc., or any of its related, affiliated or subsidiary companies, (together, "Zodiac"), reserves the right to modify or amend the User Agreement at any time without prior notice. By accessing the Zodiac Academy Website you signify your agreement to this User Agreement as it has been modified or amended.

At this time, access to the Zodiac Academy website is restricted by password, and accounts are "invitation only". You have no authority or right to grant access to, copy and/or forward any information contained on this site. Further, no user is allowed to download any information on this site and provide to any homeowner, consumer, end user or other non-authorized person. In the event a need to share the information contained on this website in any media or manner arises, each user must submit a request, in writing, to Zodiac.

Restrictions on Use

Material from the Zodiac Academy website, or any other website owned, operated, licensed, or controlled by Zodiac, its related, affiliated or subsidiary companies may not be copied, distributed, republished, uploaded, posted or transmitted in any way, without prior written consent of Zodiac.

EXCEPTIONS: Product sell sheets, brochures and product manuals may be downloaded for their intended use, provided that you do not delete or change any copyright, trademark or other proprietary information or notices. Modification or use of the materials for any other purpose violates Zodiac’s intellectual property rights.

It is a condition of your use of the Zodiac Academy Website that you do not: (i) restrict or inhibit any other user from using and enjoying the Zodiac Academy Website; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, nation or international law; (iii) post or transmit comments containing harassing or offensive language; (iv) post or transmit any information, software or other material which is an invasion of privacy or publicity rights or which is protected copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; (v) post or transmit any information, software or other material which contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising; (viii) solicit other users to join, become members of, or contribute money to any online service or organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; and (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity.

Products and Services

The Zodiac Academy Website may contain links to other sites on the Internet. Zodiac provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Zodiac Academy Website. Links from the Zodiac Academy Website to any other website do not mean that Zodiac approves of, endorses, or recommends that website. Zodiac disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website. Zodiac specifically disclaims any responsibility if such sites: (i) infringe any third party’s intellectual property rights; (ii) are inaccurate, incomplete or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory.

The products and services on the Zodiac Academy Website may not be available for purchase and/or use in your particular country or locality. The reference to such products and services on the Zodiac Academy Website does not imply or warrant that these products or services will be available at any time in your particular location. You should check with a local Zodiac representative for the availability of specific products and services in your area.

Disclaimer

All information on the Zodiac Academy Website, including but not limited to the information regarding installation, maintenance, upgrades, repair and/or replacement of Zodiac products and services, is provided AS IS AND WITHOUT WARRANTY. ZODIAC MAKES NO WARRANTY, EXPRESS OR IMPLIED OR OTHERWISE, REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE ZODIAC ACADEMY WEBSITE. You acknowledge sole responsibility for, and assume all risk arising from, your use of the information contained on the Zodiac Academy Website.

Many Zodiac products must be installed and serviced by a pool professional. The procedures for installation, provided with each individual product, must be followed exactly. Improper installation and/or operation can create dangerous conditions which can cause serious injury, property damage or death. Zodiac is not responsible for any losses or damages caused by improper installation and/or operation. Improper installation and/or operation by you, a pool professional or any other person will also void any warranties. Before installing any Zodiac product, read and follow all warning notices and instructions that accompany each product.

The information provided on the Zodiac Website is free of charge and for informational purposes only and does not create any relationship between you and Zodiac or any of its officers, shareholders, owners, employees, affiliates or representatives. Access to manuals, guides, data sheets, or other product information does not create a relationship of any kind.

Any use you make of this site, or any site or service linked to by this site, is done so at your own risk.

Limitation of Liability

Zodiac makes no guarantee of the availability of the Zodiac Academy Website and reserves the right to change, withdraw, suspend or discontinue any functionality or feature of the Zodiac Academy Website at any time. IN NO EVENT WILL ZODIAC BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ZODIAC ACADEMY WEBSITE OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, ZODIAC’S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE ZODIAC ACADEMY WEBSITE FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

You agree to defend, indemnify and hold harmless Zodiac, its affiliates and its respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (i) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (ii) any misrepresentation made by you in connection with your use of the Zodiac Academy Website, (iii) any noncompliance by you with the terms and conditions of this User Agreement, and (iv) claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Zodiac Academy Website, including information obtained through any offered services, sell sheets, brochures or manuals.

Trademarks and Other Proprietary Information

All trademarks and trade names used on the Zodiac Academy Website are owned by Zodiac or our affiliated companies. The copying, redistribution, use or publication by you of any of our marks, except as expressly agreed to in writing by Zodiac, is strictly prohibited.

All remarks, suggestions, ideas, graphics, or other information communicated to Zodiac through this site (together, the "Submissions") will forever be the property of Zodiac. Zodiac will not be required to treat any Submissions as confidential, except for that information given protection under the "Zodiac Internet Privacy Policy," and will not incur any liability as a result of any similarities in future Zodiac operations. Without limitation, Zodiac will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and may use any Submission in any way Zodiac chooses without compensation or acknowledgment of its source, except as otherwise restricted by applicable law.

Miscellaneous

The formation, construction and interpretation of this User Agreement shall be controlled by the laws of the State of California, U.S.A., exclusive of its conflict of law provisions.

The headings used in this User Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this User Agreement or any provision hereof.

Termination

Zodiac or you may terminate this agreement at any time. You may terminate this agreement by destroying: (i) all materials obtained from the Zodiac Academy Website, and (ii) all related documentation, copies and installations. Zodiac may terminate this agreement immediately without notice if, in its sole discretion, you breach any term or condition of this agreement. Upon termination, you must destroy all materials in any way related to or taken from the Zodiac Academy Website.

Any correspondence or questions should be mailed to:

Zodiac Pool Systems, Inc.
Attn: Legal Department
2620 Commerce Way
Vista, CA 92081


2014 Zodiac Pool Systems, Inc.