Heritage Pool Supply Group

Terms of Use

Last updated: July 14th, 2025

Acceptance of Terms of Use

These Terms of Use (the “Terms”) govern your use of websites operated by Heritage Pool Supply Group Inc. (“Heritage”) and its affiliates and subsidiaries.  “You” or “Your” refers to any person or entity that accesses or attempts to access the Heritage websites (the “Heritage Websites”). By accepting or using the Heritage Websites, You agree to be bound by these Terms.  Heritage may update these Terms at any time.  You are encouraged to review the Terms carefully prior to using the Heritage Websites and each time You return as they are subject to change. 

Trademarks

The trademarks, service marks and logos (collectively the “Trademarks”) used and displayed on the Heritage Websites are registered and unregistered Trademarks of Heritage and others. Nothing on the Heritage Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Heritage Websites, without the prior written permission of the Trademark owner. Heritage aggressively enforces its intellectual property rights to the fullest extent of the law. The name of SRS Distribution Inc., Heritage Pool Supply Group Inc., and Heritage Landscape Supply Group Inc., their respective logos, or the Trademarks of other Heritage formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Heritage Websites, without prior, written permission from Heritage. Heritage prohibits use of its logos as part of a link to or from any site unless establishment of such a link is approved in advance by Heritage in writing. Fair use of Heritage Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Copyright and Digital Millennium Copyright Act (“DMCA”)

Heritage responds to notices of alleged copyright infringement pursuant to the requirements of the DMCA. If You believe that any content on this site infringes your copyrights, You may request removal of such content by providing written notice to Heritage Designated DMCA Agent at:

Heritage Pool Supply Group Inc.

Attn: Legal
7440 State Highway 121
McKinney, Texas 75078

In the case of alleged infringement, You are must satisfy the following notice requirements:

  1. (i.) Your name, mailing address, and email address; 
  2. (ii.) A statement identifying the copyrighted material You claim is infringed, such as a URL linking to an authorized version of the copyrighted material; 
  3. (iii.) (A statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly infringing material; 
  4. (iv.) A statement that You have a good faith belief that the allegedly infringing material identified in section (ii), above, is not authorized by the copyright owner, its agent, or the law; 
  5. (v.) A statement, made under penalty of perjury, that the information in this notice is accurate and that You are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and 
  6. (vi.) An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Heritage reserves the right to disregard a notice that is unclear or otherwise fails to comply with the DMCA. In the event that Heritage determines that a DMCA notice lacks validity, Heritage may refuse to remove the complained of content at its discretion. Election by Heritage to either remove or leave the complained of content does not constitute a legal decision about the validity of your claim of infringement or the possible defenses to a claim.

Third Party Content

The Heritage Websites may contain links to third-party websites or information (“Third Party Content”). Heritage does not control or maintain any of Third Party Content. Heritage assumes no responsibility for any Third Party Content.

Age Restriction

The Heritage Websites make no active effort to collect personal information from individuals under the age of eighteen.  Heritage requires You to be of legal age to enter agreements (typically 18 or older) to use the Heritage Websites.

Employment

Heritage may make employment information available through Heritage Websites. Heritage is an equal opportunity employer. By submitting a resume or an application for employment to Heritage, You represent that You are seeking employment and/or career information from Heritage and its affiliates.  You acknowledge that Heritage may distribute Your resume within the company or among its affiliates and may contact any references listed by You. No representation is given by Heritage that any resume will be reviewed within a definitive period of time or that any action will be taken or omitted to be taken with respect to such resumes.

Prohibited Uses and Termination of Access

You may use the Heritage Websites only as permitted by law.

You may not do any of the following: (a) use the Heritage Websites in any manner that could damage or overburden any Heritage server, or any network connected to any Heritage server; (b) use the Heritage Websites in any manner that would interfere with any other party’s use of the Heritage Websites; or (c) introduce or permit any person to introduce into the Heritage Websites any code or malicious or hidden mechanisms that would impair the operation of the Heritage Websites, or of Heritage computers, networks, or other devices or software.

You may not use any feature or services made available by the Heritage Websites to interact with any Heritage computer, network or service other than for the purposes and in the manner for which the feature or service is made available to, and is intended to be used by, users of the Heritage Websites.

Certain parts of the Heritage Websites require credentials, such as a username and password, to access them (“Restricted Content”). You may not obtain or attempt to obtain access to Restricted Content, including but not limited to Heritage customer accounts, through any means not intentionally made available by Heritage for Your specific use.

Accessing, using, or disclosing any data, content, or materials (including Third Party Content and Restricted Content) from the Heritage Websites in any manner inconsistent with these Terms or any other obligations that are made to Heritage by You will constitute immediate and irreparable harm to Heritage and, in such an event, remedies at law will not be adequate. Accordingly, in addition to all other remedies available at law or in equity, and regardless of any arbitration clause or alternative dispute resolution clause that might otherwise be applicable to certain disputes between You and Heritage, Heritage shall have the right to seek equitable and injunctive relief (including temporary or preliminary injunctive relief) from a court of law, without the necessity of proving actual damages and without posting bond, to prevent any unauthorized, negligent, or inadvertent access, use or disclosure. You hereby waive any right You may otherwise have had to challenge, in any legal proceeding, any assertion by Heritage that Your alleged use of or access to Heritage Websites caused Heritage irreparable harm.

Heritage may terminate or suspend Your access to the Heritage Websites for any violation of the provisions of these Terms or for any reason whatsoever at its sole discretion and without prior notice.

Governing Law/Jurisdiction 

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of you or Heritage in connection with the provision or use of Content shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A., without regard to its conflicts of law principles. You consent to the jurisdiction and venue of the state and federal courts located in the Denton or Collin Counties, Texas.

Binding Arbitration/Class Action Waiver 

Any controversy or claim arising out of or relating to the Heritage Websites shall be settled by binding arbitration with a final hearing in Denton or Collin County, or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial or consumer disputes, as applicable, set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 

The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Heritage shall be entitled to arbitrate their dispute. 

THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT PROVIDE CONTENT IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.

Indemnification

As a condition of Your use of the Heritage Websites, You agree to indemnify and hold Heritage and harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from Your misuse of the Heritage Websites, or from Your violation of these Terms.

Disclaimer of Warranties

HERITAGE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE HERITAGE WEBSITES OR THE CONTENT PRESENTED ON THE HERITAGE WEBSITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE HERITAGE WEBSITES AND ALL CONTENT IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE”.

HERITAGE DOES NOT WARRANT THAT THE HERITAGE WEBSITES WILL BE UNINTERRUPTED, OR SECURE. IF YOU DOWNLOAD ANY MATERIALS FROM THE HERITAGE WEBSITES OR FOLLOW ANY LINKS TO THIRD PARTY CONTENT, YOU DO SO AT YOUR RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS.

EXCEPT TO THE EXTENT OTHERWISE SPECIFICALLY PROVIDED, HERITAGE DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE HERITAGE WEBSITES WILL BE ACCURATE OR RELIABLE, OR THAT THE HERITAGE WEBSITES OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE HERITAGE WEBSITES WILL MEET YOUR NEEDS OR EXPECTATIONS.

IF YOU LIVE IN A STATE THAT DOES NOT ALLOW WARRANTIES TO BE LIMITED OR DISCLAIMED, SOME OR ALL OF THESE PROVISIONS MAY NOT APPLY TO YOU.

Limitation of Liability 

HERITAGE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, WHETHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR OTHERWISE. HERITAGE EXPRESSLY DISCLAIMS LIABILITY FOR LOST PROFITS, BUSINESS-RELATED LOSSES, AND/OR ANY DAMAGES THAT RESULT FROM USE OF OR LOSS OF USE OF THE HERITAGE WEBSITES AND MATERIALS ON THE HERITAGE WEBSITES (WHETHER PROVIDED BY HERITAGE OR THIRD PARTIES). THIS DISCLAIMER OF LIABILITY APPLIES EVEN IF HERITAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF THE LIMITATIONS OF LIABILITIES OR REMEDIES IN THESE TERMS ARE DETERMINED BY A COURT OR ARBITRATION PANEL TO NOT APPLY TO YOU OR TO BE UNENFORCEABLE FOR ANY REASON, THEN YOU EXPRESSLY AGREE THAT THESE PROVISIONS WILL BE CONSTRUED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THAT UNDER NO CIRCUMSTANCES WILL THE TOTAL, AGGREGATE LIABILITY OF HERITAGE FOR ANY CAUSE WHATSOEVER RELATING TO THIS AGREEMENT, THE HERITAGE WEBSITES, OR ANY HERITAGE OR THIRD PARTY CONTENT ON THE HERITAGE WEBSITES, EXCEED $100.

 

Severability

If a court of competent jurisdiction deems any provision of these Terms to be unenforceable or in conflict with applicable laws, rules, or regulations, either present or future, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.