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TERMS OF USE

Bestway USA Inc. operates this Site to provide online access to information about Bestway and the products, services, and opportunities we provide (the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement".

Bestway reserves the right to modify this Agreement at any time without prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

Table of Contents

  1. Use of Site
  2. Copyright
  3. Trademarks
  4. Links to Third-Party Web Sites
  5. Linking to this Site
  6. Downloading Files
  7. Software
  8. Disclaimer of Warranties
  9. Limitation of Liability
  10. Indemnification
  11. Privacy
  12. Additional Terms of Service
  13. User Conduct
  14. Unsolicited Idea Submission Policy
  15. User Supplied Information
  16. Copyright
  17. Trademarks
  18. Product Descriptions
  19. Purchases
  20. Payment Terms
  21. Warranty
  22. General Provisoins

1. Use of Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about Bestway products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Bestway reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

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2. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Bestway or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Bestway or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Bestway , for example in certain password-restricted areas of the Site and in our Frequently Asked Questions). With the exception of the Sample Images, you may not manipulate or alter in any way images or other Content on the Site.

2.1 Sample Pictures

Bestway has included Sample Pictures on certain pages within the Site, to demonstrate the capability of certain products. You may download, reprint and manipulate the Sample Images for this purpose, but you may not crop or change the composition of the image, or use the image for commercial purposes.

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3. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

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4. Links to Third-Party Web Sites

Click here to see Bestway’s Privacy Policy.

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5. Linking to this Site

If you would like to link to the Site, you must gain permission from Bestway USA Inc. Unless specifically authorized by Bestway, you may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

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6. Downloading Files

Bestway cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

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7. Software

Any software available for download via the Site is the copyrighted work of Bestway and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

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8. Disclaimer of Warranties

BESTWAY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. BESTWAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. BESTWAY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. BESTWAY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

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9. Limitation of Liability

IN NO EVENT WILL BESTWAY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF BESTWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, BESTWAY 'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

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10. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Bestway , its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

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11. Privacy

Click here to see Bestway’s Privacy Policy.

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12. Additional Terms of Service

When you make a purchase from www.bestwaycorp.us or send e-mails to Bestway, you are communicating with us electronically which implies that you agree to receive communications from us electronically. Bestway has the right to reply to you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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13. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

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14. Unsolicited Idea Submission Policy

Bestway or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Bestway’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to Bestway or anyone at Bestway. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Bestway, without any compensation to you; (2) Bestway will have no obligation to return your idea to you or respond to you in any way; (3) Bestway will have no obligation to keep your idea confidential; and (4) Bestway may use your idea for any purpose whatsoever, including giving your idea to others.

However, Bestway does welcome feedback regarding many areas of Bestway’s existing businesses that will help satisfy customer's needs, and feedback can be provided through the contact us area on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section above.

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15. User Supplied Information

Bestway does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a "Submission" or collectively "Submissions") will be considered non confidential and nonproprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Bestway the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

We only share the information you provide with another organization if your inquiry relates to that organization, or as otherwise required by law. Any comments collected are themselves subject to the protections of the Privacy Policy.

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16. Copyright

All content included on this site, (including but not limited to logos, text, button icons, images, graphics, video & audio clips, digital downloads, data compilations, and software, are the property of Bestway USA Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Bestway USA Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Bestway USA Inc. or its software suppliers and protected by United States and international copyright laws.

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17. Trademarks

All trademarks that are used under license from Bestway USA Inc., and other Bestway graphics, logos, page headers, button icons, scripts, and service names are trademarks or registered trademarks of Bestway or its affiliates in the U.S. and internationally. Bestway’s trademarks may not be used in connection with any product or service that does not belong to Bestway, in any manner that is likely to cause confusion among consumers.

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18. Product Descriptions

Bestway product descriptions are as accurate as possible however we do not warranty that the product descriptions or other content on this site is accurate, current, error-free, complete or reliable. If any product purchased is not as described on the site, your sole remedy is to return it to Bestway in unused condition for a replacement of the original product ordered or if the original product is not available a refund of your purchase price.

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19. Purchases

Bestway currently accepts payment on our site using Visa, Master Card, or Discover. If you wish to purchase an item using a Check or Money Order made out in US Dollars you must contact our Customer Service Center at 855.838.3888.

Pricing is not confirmed until the order is ready for shipment. Despite our best efforts to keep our website current, a price may have changed before the change is reflected on the site so we will, at our discretion, notify you for instructions before shipping or cancel your order and notify you of the change and cancellation.

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20. Payment Terms:

Purchaser acknowledges and agrees that with respect to its initial order and any subsequent orders, payment for such order shall be remitted to Bestway at the time the order is placed unless other arrangements have been made. Bestway reserves the right to terminate or suspend the participation of any Purchaser with an unpaid balance.

Purchaser acknowledges and agrees that this site does not have a minimum purchase requirement and each order placed will include a shipping charge and may include a handling fee. A customer may call our customer service center directly at 855.838.3888 to make purchases using a check or money order made out in US Dollars.

Purchaser acknowledges and agrees that upon its failure to remit full payment to Bestway for items that have been provided to Purchaser, Bestway shall have the right to exercise all remedies available at law or in equity to collect the amount due, and related attorneys’ fees, court costs and collection costs, from Purchaser, and/or may invalidate the purchases that were provided to the Purchaser.

All applicable sales or use taxes imposed on the sale of any order shall be paid by Purchaser and included in Purchaser’s payment of the purchase price for the order.

Refund Policy: Purchaser acknowledges and agrees that any product ordered from the site is considered nonrefundable for cash unless the product is not available and/or a proper substitution cannot be made. Bestway reserves the right to substitute any product for one of equal or greater value when the product ordered is not available. (Example: if a 330gal pump is not available Bestway at its discretion may substitute a 530gal pump)

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21. Warranty

Bestway agrees to provide a limited warranty to the original purchaser for all parts purchased through this site for a full 30 days. Liners and electrical equipment are warranted for replacement under the original Bestway Warranty Policy, and subject to the rules of use and setup as stated in the manuals found on the site. Transfer of products to another party may void the warranty.

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22. General Provisions

Entire Agreement: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Arizona and constitute the entire agreement of the parties with respect to the subject matter hereof. This agreement will supersede all preceding Terms of Use, discussions and agreements between the parties with respect to the subject matter hereof and contain the sole and entire agreement between all parties.

Amendment: These Terms & Conditions may not be amended with respect to any order that has been placed except by an amendment in writing by a duly authorized representative of Bestway and Purchaser. These Terms & Conditions may otherwise be amended at any time by Bestway in its sole discretion by posting the amendment on its website; any such amendment shall apply only to orders placed after the date of such posting.

Correction of Errors, Inaccuracies and Disputes: The content of this site may contain typographical errors or other errors or inaccuracies and may not be complete or current. Bestway therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Bestway does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

You agree that any dispute relating to your visit to www.bestwaycorp.us or to products you purchase through Bestway shall be resolved solely by a court of competent jurisdiction located in Maricopa County, Arizona, and the parties hereby submit themselves to the jurisdiction of such courts for such purposes. In cases of Bestway Intellectual Property rights, Bestway may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts.

Enforcement/ Choice of Law/ Choice of Forum: If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Bestway’s Privacy Policy, your use of the Site, any other Bestway USA Inc. website, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Arizona, without regard to any conflict of law provisions.

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