These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use”) shall govern the
relationship between our company and you. This website is owned and operated by:
Company Name: Bourne/William Pools, Inc.
Registered Office: 251 Little Falls Drive, Wilmington, DE 19808
(here simply referred to as “Company” or “Bourne/William Pools” or “us” or “our” or “we”). You are here
simply referred to as “you” or “your” or “user” or “users” or “customers”. These Terms shall govern your use
of our website - https://www.bournewilliam.com/ (hereinafter referred to as the “website” or “Site”).
At Bourne/William Pools, Inc., we specialize in selling high-quality in-ground pools made from durable
polypropylene. Our products are designed to offer long-lasting enjoyment and performance, ensuring that our
customers can have the perfect pool for their home or commercial spaces. (Hereinafter referred to as the
“Product(s)”)
Please read these Terms carefully, as these, along with our Privacy Policy statement forms the entire agreement
between you and Bourne/William Pools. If you happen to purchase our Product(s), you will also be subject to
other contracts. If you do not accept these Terms in its entirety, then you may not use the website.
By accessing or using our website, or by clicking on a button or taking similar action to signify your
affirmative acceptance of these Terms, you hereby represent that:
i. You have read, understood, and agreed to be bound by these Terms and any future updates and
additions to these Terms, as published from time to time at the website.
ii. You are of sound mind, at least 18 years in age (or older as per the valid age of consent in your
jurisdiction), and otherwise competent to form a binding contract with us. If you are not of the
age of majority, then you must have permission of your parent / legal guardian before you
submit any personal information on the website. By using the website, you represent and
warrant that you meet all of the foregoing eligibility requirements.
iii. If you are using the website on behalf of an organization or entity, you represent that you have
the authority to bind such organization to these Terms.
iv. We must not have previously disabled your account for violation of law or any of our policies.
v. You have read, understood, and consented to our Privacy Policy statement.
a) Browsing and Information Gathering: You are permitted to browse our site and gather
information about our in-ground polypropylene pools. This includes accessing product
descriptions, specifications, and pricing details, if available.
b) Communication: You may use our website to contact us directly through provided
communication channels such as email forms or contact information. This is intended for
queries related to our products and services or requesting customer support.
c) Personal Information: Whenever prompted, you must provide us with the correct, accurate,
and updated information. These will be handled in accordance with the Privacy Policy
statement posted on our website.
d) Material: For the purposes of these Terms, “material” shall mean any text, sound, video,
graphics, content, published on the website, whether a copyright of Bourne/William Pools, its
licensors or any third party. (Unless stated otherwise) You are not allowed to download or
print the material, or extracts from it, in a systematic or regular manner or otherwise to create a
database in electronic or paper form comprising all or part of the material appearing on the
website. Unless stated otherwise, you must not reproduce any part of the website or the material
or transmit it to or store it in any other website or disseminate any part of the material in any
other form, unless we have indicated that you may do so. However, you are allowed to use the
content so generated by you using our platform in such form and manner as allowed in these
Terms.
a) Misuse of Website Content: Do not reproduce, duplicate, copy, sell, resell, or exploit any
portion of the website, use of the website, or access to the website without express written
permission from us.
b) Misrepresentation: Impersonating another person or entity, or falsely misrepresenting your
identity or affiliation with a person or entity, is not permitted.
c) Interference with Operations: Attempting to interfere with or disrupt the Bourne/William
Pools services, servers, or networks connected to Bourne/William Pools, including by
transmitting any worms, viruses, spyware, malware, or any other code of a destructive or
disruptive nature, is not allowed.
d) Excessive Usage: Abusing or excessively using Bourne/William Pools's services, in a manner
that significantly exceeds normal usage patterns, is not permitted.
e) Bypassing Security Measures: Attempting to bypass, disable, or otherwise interfere with any
security-related features of Bourne/William Pools, or features that prevent or restrict use or
copying of any content, is prohibited.
a) Intellectual Property: All content available on the website, including text, graphics, logos,
images, and software, is the property of Bourne/William Pools, Inc. or its content suppliers and
protected by United States and international copyright and intellectual property laws.
b) Trademarks: The company name, logos, and any product or service names associated with
Bourne/William Pools, Inc. are trademarks and must not be used in connection with any product
or service that is not affiliated with Bourne/William Pools, Inc., in any manner that is likely to
cause confusion among customers, or in any manner that disparages or discredits
Bourne/William Pools, Inc.
c) Content Use: The content on our website is provided for general information only and should
not be relied upon or used as the sole basis for making decisions without consulting primary,
more accurate, more complete, or more timely sources of information.
d) Restriction: Any unauthorized use, copying, or modification of any content or trademarks is
strictly prohibited and may violate copyright and trademark laws.
In order to see what personal and non-personal information we collect and how we use or store or share the same, please refer to the detailed Privacy Policy statement available on our website.
The Bourne/William Pools website may contain links to third-party websites or services that are not owned or controlled by Bourne/William Pools. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you may be taken to such a third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the legal policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or inaccuracy of content or wrong information, Bourne/William Pools shall not be responsible.
The information provided on our website, https://www.bournewilliam.com/, is for general informational purposes only. All information on the site is provided in good faith, however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the site. Any use of or reliance on any information contained on this site is solely at your own risk. The site may contain (or you may be sent through the site) links to other websites or content belonging to or originating from third parties or links to websites and features. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. This website is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, or up-to-date. We are not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances.
Bourne/William Pools, Inc. and its directors, employees, agents, affiliates, or suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website; (ii) any conduct or content of any third party on the website; (iii) any content obtained from the website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
If you are found to be degrading, tarnishing, maligning the image, goodwill, or reputation of Bourne/William Pools, Inc., by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
You acknowledge to defend, indemnify, and hold Bourne/William Pools, its owners, affiliates,
subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred
to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand, or
expense, including reasonable legal counsel’s fee, made by a third party, relating to, or arising from:
a) Your violation of ours or any third-party right;
b) Your wrongful or improper use of our website or products;
c) Your violation of any applicable laws, rules, or regulations;
d) Your violation of these Terms or any other policy of ours;
e) The indemnifications set forth above will survive the termination or expiration of these
Terms and/or your use of our products.
a) Governing Law: The Terms and any dispute arising from the same will be governed by
applicable laws of the State of Delaware (USA).
b) Good Faith Negotiation: In the event of any dispute, claim, or controversy arising out of or in
connection with these Terms & Conditions, the parties agree to first attempt to resolve the matter
through good-faith negotiations. The party seeking resolution must provide written notice to the
other party, outlining the nature of the dispute and proposing a resolution. The receiving party
shall respond in writing within a reasonable time.
c) Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing
which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively
before the appropriate courts located in New Castle County, Delaware (USA).
When you use the website or send emails to Bourne/William Pools, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. Bourne/William Pools will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to [email protected].
i. Language: The Terms & Conditions, along with all policies and documents referenced herein,
are originally drafted in English. Any translations of these documents into other languages are
provided for your convenience only. In the event of any discrepancies or conflicts between the
English version and any translations, the English version shall prevail and be considered
definitive and authoritative. We encourage users who are not proficient in English to seek
appropriate translation or legal support to fully understand these terms.
ii. Independent Legal Advice: It is your obligation to obtain independent legal advice at your
own expense to ensure you understand the provisions of these Terms.
iii. Headings: The section headings are for convenience only and shall not control or affect the
meaning or construction of any provision of these Terms.
iv. Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve
the right to suspend and/or revoke your access to our service and website, at our sole discretion.
v. Severability: If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such provision to the
greatest extent possible under applicable law and the remaining provisions of these Terms will
continue in full force and effect.
vi. Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions
shall not be construed as a waiver by us of any provision or any right that we have to enforce
these Terms.
vii. Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general
legal principles to the contrary, any provision of these Terms & Conditions that imposes or
contemplates continuing obligations on either party shall survive the expiration or termination
of these Terms & Conditions, for any reason whatsoever.
viii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms &
Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.
ix. No Assignment: You may not assign these Terms & Conditions (or any rights, benefits, or
obligations hereunder) by operation of law or otherwise without the prior written consent of
Bourne/William Pools, which may be withheld at Bourne/William Pools’ sole discretion. Any
attempted assignment that does not comply with these Terms & Conditions shall be null and
void.
x. Entire Agreement: The Terms and Privacy Policy, together with any additional terms and
conditions incorporated herein or referred to herein constitute the entire Agreement between
Bourne/William Pools and you, relating to the subject matter hereof, and supersedes any prior
understanding or agreements (whether oral or written) regarding the subject matter, and may
not be amended or modified except in writing or by making such amendments or modifications
available on our website.
xi. Force Majeure: Bourne/William Pools and its third-party service providers will be excused
from performance for any period during which, and to the extent that, such party or any
subcontractor is prevented from performing any obligation or service, in whole or in part, as a
result of causes beyond its reasonable control, and without its fault or negligence, including
without limitation, acts of God, communication line failures, lockdowns, technical issues, bugs,
errors, power failures and/or similar inabilities.
xii. Updates to these Terms: We may add to or change or update these Terms at any time, from
time to time, entirely at our own discretion, with or without any prior written notice. You are
responsible for checking these Terms periodically. Your use of the Site after any amendments
to the Terms shall constitute your acceptance to such amendments.
In the event you have any grievance regarding anything related to these Terms or Privacy Policy, or
with any content or service of Bourne/William Pools, in that case you may freely write your concerns to
the Grievance Officer/Designated Officer at:
● Name: Bozidar Raseta
● Email: [email protected]
● Postal: 70 West Madison Street, Suite 5750 Chicago, Illinois 60602
15. FEEDBACK AND INFORMATION
We welcome your questions or comments regarding the Terms. You can write to us via email:
[email protected].
Last updated on May 10, 2024.