Terms of Use
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These Terms of Use govern your use of lomart.com (the "Site"), which is operated by Lomart Industries ("Lomart", "we", "us" or "our"). By using the Site you agree to these Terms. If you do not agree, please do not use the Site.
1. We are a manufacturer, not a retailer
Lomart designs and manufactures above-ground swimming pools, liners, pumps, filters, entry systems and accessories. We do not sell products directly to the public through this Site. Our products are sold, installed and serviced by independent authorized dealers. The Site lets you learn about our products, design a pool, find a dealer near you, request a quote, register your warranty and contact us.
- Any purchase is an agreement between you and the dealer you buy from. Prices, payment, delivery, installation, returns, exchanges and service are set and handled by that dealer under its own terms.
- Any price shown on the Site is a manufacturer's suggested retail price for information only. Your dealer sets the price you pay.
- Product availability, sizes, colors and specifications vary by dealer and region and may change without notice. Product images are representative.
2. Authorized dealers
Authorized dealers are independent businesses. They are not our agents or employees, and we are not responsible for their products, services, statements, prices, workmanship or conduct, or for any agreement you make with them. Use Find A Dealer to locate a dealer near you.
3. Inquiries, quote requests and the pool builder
When you submit a contact form, a Find A Dealer request, a quote request from the pool builder, a safety sticker request or a promotion form, you ask us to pass your request, and the contact details you give, to an authorized dealer who serves your ZIP code, so that the dealer can contact you about it by phone, text message or email. We choose the dealer from the ZIP code you enter and other information you provide; we cannot guarantee that a dealer is available in your area or that a particular dealer will respond.
A pool design saved in the pool builder, and a quote request, are planning tools. They are not an order, an offer to sell, or a price commitment. The dealer will confirm what is available, the final configuration and the price.
4. Warranty
Your product is covered only by the written limited warranty that comes with it. Coverage depends on the product, model and package; see our Warranty Policy. These Terms do not change, extend or add to any warranty. Please register your product and keep your proof of purchase. For warranty service, start with the authorized dealer you bought from.
5. Safety and installation information
Safety guidance, installation videos, buying guides, the customer Q&A and other information on the Site are general information. They do not replace the instructions, warnings and safety materials that come with your product, local building codes and permit requirements, or the advice of a qualified installer. Always follow the product's instructions and warnings. Never dive, jump or slide into an above-ground pool. Constant adult supervision is required whenever the pool is in use. If you install a product yourself, you are responsible for doing so correctly and safely.
6. Your account
You can save pool designs and see your quotes and warranty registrations in an account. You sign in with a link we email to you; there is no password. Keep access to your email account secure, because anyone who can open the link can sign in. You can delete your account at any time from your account. We may suspend or close an account that is misused.
7. What you submit
You are responsible for what you submit to the Site, including messages, warranty registrations, receipts and photographs (for example, entries in a photo or image contest). You confirm that what you submit is accurate, that you have the right to submit it, and that it does not infringe anyone's rights or include anyone else's personal information without their permission.
If you submit photographs or other content for a contest or for display on the Site, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, adapt, publish and display it in connection with the Site, the contest and our brands' marketing, subject to any official rules published for that contest, which govern if they differ from these Terms. We may decline, remove or not publish any submission.
8. Acceptable use
You agree not to: use the Site unlawfully or to harm anyone; submit false information or requests in someone else's name; send spam or automated submissions; try to gain unauthorized access to the Site, our systems or other users' accounts; interfere with the Site's security or operation; or copy, scrape or harvest content or data from the Site except as allowed by these Terms.
9. Intellectual property
The Site and its content, including text, images, videos, logos, product names and designs, are owned by us or our licensors and are protected by trademark, copyright and other laws. Lomart Pools and our product names are our trademarks. You may view and print pages for your personal, non-commercial use. Any other use requires our written permission.
10. Other websites and services
The Site links to and embeds content from other services, such as video players, maps and social media sites. We do not control them and are not responsible for their content or practices. Their own terms and privacy policies apply.
11. Disclaimer of warranties
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AND WE DO NOT PROMISE THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THIS SECTION DOES NOT AFFECT THE WRITTEN LIMITED WARRANTY THAT COMES WITH OUR PRODUCTS.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ANY DEALER'S PRODUCTS OR SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). Some jurisdictions do not allow certain limitations, so some of these may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.
13. Indemnity
You agree to indemnify and hold us harmless from claims, losses and expenses (including reasonable attorneys' fees) arising from your misuse of the Site, your submissions, or your violation of these Terms or of anyone's rights.
14. Governing law and venue
These Terms are governed by the laws of the State of Arkansas, without regard to its conflict-of-laws rules. Any dispute arising from or relating to these Terms or the Site will be brought exclusively in the state courts located in Phillips County, Arkansas, or in the United States District Court for the Eastern District of Arkansas, and you and we consent to the personal jurisdiction of those courts. This does not limit any right you have under the laws of the state where you live that cannot be waived by contract.
15. Changes and general terms
We may change these Terms by posting a new version on this page with a new "Last updated" date. Changes apply from that date; your continued use of the Site means you accept them. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. These Terms, together with our Privacy Policy and Cookie Policy, are the entire agreement between you and us about the Site.
16. Contact us
Questions about these Terms? Contact Lomart Industries by email at info@doughboypools.com, by phone at 877-228-4586, through our contact form, or by mail at 315 North Sebastian Street, West Helena, Arkansas 72390.