Terms and Conditions - Leslie's Help Center

Welcome to Leslie's Poolmart, Inc. d/b/a Leslie's Pool Supplies Service and Repair (“Leslie’s”), and the LesliesPool.com website and mobile application (“app”) (collectively, the "Site"). By using the Site you unconditionally agree to the following terms and conditions (hereinafter, the "Terms of Use" or the “Terms”). These Terms of Use are important and affect your legal rights, so please read them carefully.

PLEASE READ THE FOLLOWING TERMS OF USE, INCLUDING THE DISCLAIMER BELOW, CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO EVERY PROVISION OF THE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE SITE. DOING SO, EVEN IF YOU DISAGREE WITH ANY PROVISION IN THE TERMS OF USE, MEANS THAT YOU MAY HAVE WAIVED CERTAIN LEGAL RIGHTS, IRRESPECTIVE OF YOUR DISAGREEMENT WITH ANY OF THE TERMS. THESE TERMS OF USE ALSO INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, TO RESOLVE DISPUTES.

By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms of Use on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to Leslie's if you or such person or entity violates these Terms of Use.

Leslie's reserves the right, at any time, to modify, alter, or update these Terms, our Privacy Policy, and/or the Site, and you agree to be bound by such modifications, alterations, or updates. All changes are effective immediately when we post them. By continuing to access or use the Site and/or use the Pool Perks Rewards Program, you confirm your acceptance of the Terms of Use, Privacy Policy, Pool Perks Rewards Program, and all of the terms incorporated herein by reference. It is recommended that you review these Terms of Use whenever you visit the Site. Any revised Terms or updates to any of the Leslie’s policies supersede all previous versions, notices or statements regarding the Site.

PRIVACY: Leslie’s cares about your privacy. Please read our Privacy Policy, which outlines how our site will collect information about you, how information will be shared and secured, and certain rights you have with respect to your information. We reserve the right to modify or update our Privacy Policy at any time. Each time you use this Site, you agree to all terms of our current Privacy Policy.

To access and use certain areas or features of the Site, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only. You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, your information when necessary, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (d) immediately notify Leslie's if you discover or otherwise suspect any security breaches related to the Site. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate any and all current or future use of the Site.

By providing information and/or answering questions, you also consent to receive electronic communications from Leslie's (e.g., via email or our posting notices to the Site). These communications may include notices and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from Leslie's by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the Unsubscribe instructions provided therein.

Access to your account on the Site is accomplished through the use of an email address and a password, which you provide Leslie’s. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Leslie's promptly of any unauthorized use of your password, and you will remain liable for any use of the Site until you notify Leslie's of the unauthorized use of your password. When you create an account on the Site, we will automatically enroll you in Leslie's Pool Perks Rewards Program, a free program that allows you to earn points towards rewards, or certificates for discounts on future purchases at Leslie's retail stores and on the Site.

Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the Leslie's logo and all designs, text, graphics, pictures, information, data, software, code, User Content (as defined in Section 6), other files and the selection and arrangement thereof (collectively, "Content") are the property of Leslie's or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.

Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site or Content under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.

However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, (f) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity; (g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes.

Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Leslie's or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.

All Site design, materials, text, graphics, photos, videos, interfaces, and the selection and arrangements thereof (collectively, the "IP Content") are owned, controlled or licensed by Leslie's. You may access, view, print and download the Content, as allowed herein, subject to your compliance with the Terms of Use and for your personal, non-commercial use. Permission is granted to electronically copy and to print hard copy portions of the Site for the sole purpose of placing an order with Leslie's. You may not remove or modify any copyright, trademark or other proprietary notice contained in any content you us. Any other use of materials on this Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Leslie's is strictly prohibited.

The information, services, products, and materials contained in the site, including, without limitation, text, graphics, and links, are provided on an "as is" or “as available” basis with no warranty, either express or implied. You expressly agree that your use of the Site and any information contained therein is at your sole risk. Neither Leslie’s nor any agent of Leslie’s makes any warranty or representation with respect to the completeness, security, reliability, quality, or availability of the Site. Accordingly, to the extent permitted by applicable law, LESLIE’S EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN ADDITION, LESLIE’S DOES NOT GUARANTEE THAT USE OF THE SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES, OR WORMS. In addition, Leslie's does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice. Nothing in this section limits the terms of any product warranty offered by the manufacturer of such product that is sold to use through the site. Warranties are non-transferable. Some jurisdictions do not allow the disclaimer of warranties or conditions, so such disclaimers may not apply to you. Leslie's often obtains item photographs from third party vendors and/or manufacturers. We do not investigate to determine if information is accurate nor can we provide assurance that all data is free of typographical errors. We cannot guarantee information displayed on the Site to be 100% accurate.

Certain activities provided via the Site may be covered by U.S. Patent No. 5,930,474.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LESLIE'S OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, AGENTS, SUCCESSORS, DIRECTORS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, COVER, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICPATE SAVINGS, LOSS OF USE, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF LESLIE'S HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM LESLIE'S, OR FROM EVENTS BEYOND LESLIE'S'S REASONABLE CONTROL, SUCH AS REWARDS PROGRAM INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LESLIE'S RECORDS, PROGRAMS OR SYSTEMS). LESLIE'S IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND/OR CLAIMS OF THIRD PARTIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF LESLIE'S ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE EXCEED THE AMOUNT PAID TO LESLIE'S FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE LESLIE'S'S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

You hereby acknowledge that the preceding limitation on liability will apply to all content and services available through the Site or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability, this limitation of liability is limited to the fullest extent permitted by law.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LESLIE'S, ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, AGENTS, SUCCESSORS, SUBSIDIARIES, DIRECTORS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, FEES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE OR APPLICABLE LAW, USER-GENERATED CONTENT AND ANY OTHER MATERIALS YOU POST OR ALLOW TO BE POSTED TO THE SITE, YOUR USE OR ACCESS OF THE SITE, ACCESS OF THIS SITE BY ANYONE USING YOUR USER ID AND PASSWORD, OR ANY OTHER ACTIONS TAKEN BY YOU ON THE SITE. YOU FURTHER AGREE THAT LESLIE'S SHALL HAVE CONTROL OF THE DEFENSE OR SETTLEMENT OF ANY THIRD-PARTY CLAIMS, UNLESS LESLIE'S EXERCISES ITS OPTION TO REQUIRE YOU TO DEFEND LESLIE'S. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND LESLIE'S.

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Leslie's reserves the right to accept or decline any order, or to limit the order quantity on any item and/or refuse service to any customer. In the event Leslie's declines, limits or modifies your order, Leslie's will attempt to contact you using the email address you provided. In the event Leslie's cancels an order or a part of an order that you have already been charged for, Leslie's will refund you the full amount of the cancelled portion of the order. Verification of information may be required prior to the acceptance of any order.

You are responsible for, and agree to promptly pay for, all authorized purchases and charges to your account, including applicable taxes. In the event a check is returned, or electronic payment is denied, Leslie's may impose a fee to cover the cost of any charges incurred by Leslie's. You shall be responsible and liable for any fees, including reasonable attorneys' fees and collection costs, that Leslie's may incur in its efforts to collect any unpaid balances from you. If payment cannot be charged to your credit card or a payment is returned to for any reason, including chargeback. Leslie's reserves the right to suspend or terminate your access to the Site, including your customer account.

Leslie's may suspend or terminate your access to the Site at any time for any reason with or without notice to you. You are liable for any orders or charges you place prior to such termination.

Your order(s) will be shipped to the address designated by you. Orders may arrive in multiple packages and on separate days with multiple Product Order forms (POs) depending on type of and volume of product ordered. Some products may have restricted delivery within the United States. Leslie's shall not be liable for delays or prevention of delivery due to unforeseen circumstances, or acts of God, which may include, but is not limited to, weather conditions, traffic conditions, and/or mechanical difficulties.

The Site does not support tax-exempt transactions for residential customers. All qualified tax-exempt residential customer transactions can be made via mail order at 1-800-537-5437 or at a store location. If you are a Leslie's Commercial Customer with a company or business that is tax-exempt, your order will be displayed without tax. All orders placed through the Site are displayed with tax as an estimate. All estimates for tax will be corrected upon shipment of the product(s) ordered.

The Site may contain links to other websites owned, operated, controlled, or maintained by third parties ("Third Party Sites"). We have not reviewed all of the websites linked to the Site and are not responsible for the content of any Third-Party Sites, any other websites linked to the Site, or any products or services offered by third parties linked to the Site. Leslie's provides links to Third Party Sites solely as a convenience to you and for no other purpose, and such links do not imply endorsement by Leslie's of the Third-Party Sites. If you choose to access any Third-Party Sites, you do so at your own risk and by accessing them you leave the Site. Leslie's does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Sites or their content. The inclusion of any link does not imply endorsement, sponsorship, approval, or responsibility by Leslie’s or its affiliates for other websites or any association with the operators of such website. Your choice to access a Third-Party Site is at your own risk, and you agree to comply with all terms and conditions relating to such Third-Party Sites. Leslie's reserves the right not to link, or to remove the link, to a particular website at any time. Please review the privacy policy and conditions of use for all Third-Party Sites you visit.

Any content submitted to the Site, including all reviews, comments, communications and the like (herein known as "Comments"), become the property of Leslie's upon submission. By submitting the Comments, you acknowledge your legal rights to submit such information and agree to the assignment to Leslie's of all rights, titles and interest both in the United States and Internationally for all Copyrightable and intellectual properties in the Comments.

Once the Comments are submitted, Leslie's may use the Comments in any fashion it deems appropriate. By using the Comments, Leslie's is under no obligation to maintain any Comments in confidence, to compensate for any Comments, or to respond to the authors Comments. Further, you agree to not hold Leslie's liable for any costs and/or damage caused by instructions or recommendations from comments. Leslie's recommends any work be performed by a licensed professional and that product label directions always be followed. You agree that any Comments submitted by you to the Site will not violate the preceding sentence or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that all Comments submitted by you to the Site will not contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, comments that could be considered political speech, commercial solicitation, chain letters, mass mailings or any form of "SPAM".

Further, Leslie's reserves the right, though not the duty, to monitor and/or edit or remove any Comments submitted to the Site. You grant Leslie's the right to use your name (or alias), supplied at your submission in connection with any Comments. Since we may desire to respond on some Comments, you agree not to supply a false email address, impersonate any person or entity, or otherwise provide misleading information as to the origin of any Comments you submit.

The information contained in any water test analysis provided to you by Leslie's is provided solely as a courtesy by Leslie's to its customers. Leslie's makes every effort to provide accurate recommendations based upon current ANSI/PHTA standards, but codes and regulations change, and Leslie's assumes no liability for any omissions or errors in this analysis or the outcome of any project. Further, the recommendations provided to you are based on the information provided by you about your pool and its equipment and such recommendations only relate to the specific products listed on the recommendation. You must always exercise reasonable caution, carefully read the label on all products, follow all product label directions, follow any current codes and regulations that may apply, and consult with a licensed professional if in doubt about any procedures. Leslie's assumes no legal responsibility for your reliance or interpretation of the data contained in any water test analysis and makes no representations or warranties of any kind concerning the quality, safety or suitability of the information, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.

In the event that a product's price scans higher than the displayed or advertised price, Leslie's will lower the price to match the displayed or advertised price. If you notice the discrepancy after the time of checkout, you may return to the store within 30 days for a refund equal to the discrepancy.

Discounts & Restrictions

Sales tax, shipping, handling & freight fees do not qualify for discount. Discounts cannot be used toward the purchase of select items, including certain Hayward & Pentair branded products, above ground pools, custom products, 3" chlorine tablets & price-restricted or otherwise exempt items. Discounts cannot be combined with other offers and cannot be applied to previous purchases. Online prices & selection generally match our retail stores but may vary. Prices & offers are subject to change.

Promo Code Disclaimer

Site offers cannot be used in conjunction with any other offer and are not available on all products and are subject to restrictions and limitations. Prices and discounts are exclusive of applicable shipping charges and taxes. Offer not valid on previous orders. All prices on this web site are subject to change without notice. Discounts cannot be applied toward the purchase of select products.

MAP Disclaimer

Discounts cannot be applied toward the purchase of select products by Api Pure Water For Life, Aqua Creek Products, L.L.C., Aqua Products, Aquacal Autopilot, Inc, Balboa Direct, Bio Lab, Inc., Envy Pool Products Llc, Fafco Inc., Franklin Electric, Great America Merchandise Ev, Hayward Industries, Inc, Intermatic Inc, J Plus Products Inc, King Technologies, Main-Access, Maytronics Us, Inc., Mcgrayal Company Inc, Mikise Llc, Pentair, Pentair Water Pool And Spa, Pleatco, Pleatco Elec And Filter, Polaris, Saftron Pool Rails & Railings, Sigura - Innovative Water Care, Sondpex Corporation, Speck Pumps, Speedo International Ltd, Tenjam Associates, Llc, Tk Products, Inc., Watt's, and Zodiac.

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Other rights that you would have if you went to court, such as access to discovery or appeals, also might be unavailable or limited in arbitration.

Agreement to Binding Arbitration

Any dispute, claim or controversy (that is not resolved informally as set forth below) between you and Leslie’s, its officers, agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ‘Leslie’s’) arising from or relating in any way to: (1) these Terms of Use and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms of Use; (2) your use of any website owned or operated by Leslie’s; or (3) any products or services sold or distributed by Leslie’s or through any website owned or operated by Leslie’s (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court. Covered Disputes shall be interpreted broadly.

Mandatory Informal Dispute Resolution

Leslie’s values its customers and seeks to resolve disputes informally where possible. Before formally pursuing a Covered Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to Leslie’s by U.S. mail, postage prepaid to:

Legal Department

Web Terms of Service

Leslie’s Poolmart, Inc.

2005 E. Indian School Rd.

Phoenix, AZ 85016

Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for Leslie’s to identify any transaction or service at issue; and (4) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.

If Leslie’s has a dispute with you, Leslie’s agrees to first send a detailed Notice to your e-mail address on file with us. Leslie’s’ Notice will likewise set forth (1) information sufficient for you to identify any transaction or service at issue and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it. You and Leslie’s agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Leslie’s request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or Leslie’s may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you or Leslie’s. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.

Initiating Arbitration and Arbitration Rules

Any arbitration between you and Leslie’s shall be administered by American Arbitration Association (“AAA”) in accordance with AAA’s operative AAA Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") in effect at the time any demand for arbitration is filed with AAA, as modified by this Legal Disputes Section. If the AAA is unavailable or unwilling to apply this Legal Disputes Section as written, the parties shall mutually agree on an alternative administrator that will administer the proceedings under the Legal Disputes Section as written. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so. Any arbitration will be held before a single neutral arbitrator.

To begin an arbitration proceeding, you must send the demand for arbitration or arbitration notice form made available from the arbitration administrator and supplement that form with a detailed description of your claim, including with the information required for your Notice and the accompanying signed certification of compliance with the informal process referenced above (collectively referred to as “demand for arbitration”), to AAA. You must personally sign your demand for arbitration. You agree to also send Leslie’s a copy of your demand for arbitration, U.S. postage prepaid, to:

Legal Department

Re: Demand for Arbitration, Web TOS

Leslie’s Poolmart, Inc.

2005 E. Indian School Rd.

Phoenix, AZ 85016

If Leslie’s initiates arbitration, we will send a copy of our demand for arbitration to your email address on file with us.

You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or in person in the county where you live or at another location reasonably convenient for you, or at a mutually agreed-upon location. Leslie’s reserves the right to request an in-person or videoconference hearing at any point within 14 days after its deadline to file any answer. After that time, Leslie’s retains the right to request an in-person or virtual hearing from the arbitrator, which the arbitrator may elect to require along with your participation (with your counsel if you are represented). Should a hearing take place in person, it shall take place consistent with the geographic parameters set forth above.

Arbitration Fees

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Upon a showing of financial hardship, Leslie’s will consider your request to promptly reimburse your portion of the arbitration fees provided for in the AAA Rules.

Arbitration Authority

The arbitrator has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding. The arbitrator is bound by and must follow the terms of these Terms of Use as a court would. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to address the essential findings and conclusions of law on which the award is based. The arbitration award shall be binding only between you and Leslie’s and shall have no preclusive effect in any other arbitration or proceedings involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals. The arbitrator may award fees and costs as provided by the AAA Rules or to the extent such fees and costs could be awarded in court or if the arbitrator determines that a claim, proceeding, or defense was frivolous or brought for harassment, for an improper purpose, or in bad faith. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award.

Sole Exceptions to Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Leslie’s may elect to have an individual claim heard in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim and is not appealed or removed to any court of general jurisdiction; and (2) you agree that you or Leslie’s may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Special Additional Procedures for Mass Arbitration

If 100 or more individuals seek to initiate arbitrations with Leslie’s raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated or the claims are otherwise coordinate, and if no substantive ruling has been made in an arbitration between you and Leslie’s relating to the decision on those facts, then both you and Leslie’s’ have the unilateral right to opt out of this arbitration provision and have your dispute heard in the federal and state courts of the State of California by sending a written notice to the other party.

Jury Trial and Class Action Waiver

Except as the Terms of Use otherwise provide and to the fullest extent permitted by law, you and Leslie’s acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Leslie’s may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or its individual capacity. As referenced above, the arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. If a court determines that this class action waiver is not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief shall proceed in court but shall be stayed pending arbitration of the remaining claims.

Indemnification

You agree to defend, indemnify, and hold harmless Leslie’s, its officers, providers, members, employees, agents, successors, subsidiaries, affiliates or third parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) against or incurred by Leslie’s arising out of a claim by a third party relating to your breach of these Terms of Use or applicable law, user-generated content and any other materials you post or allow to be posted to the Site, your use or access of the Site, access of this Site by anyone using your User ID and password, or any other actions taken by you on the Site.

Applicable Law

You and Leslie’s agree that any dispute or claim arising from or related to: (1) these Terms of Use and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms of Use; (2) your use of the Site; or (3) any products or services sold or distributed by Leslie’s or through the Site is governed exclusively by, the Federal Arbitration Act ("FAA") and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the State of Arizona apply. Should any action proceed in court (other than in small claims court), you consent to the exclusive jurisdiction of the federal and state courts of the State of Arizona. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by Leslie’s of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Leslie’s to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision

If any provision of these Terms of Use is found to be illegal or unenforceable, the remaining provisions of these terms and conditions shall be unaffected and shall continue to be fully valid, binding, and enforceable.

Entire Agreement

These Terms of Use, our Privacy Policy, and our Pool Perks Rewards Terms and Conditions constitute the sole and entire understanding and agreement between you and us with respect to the use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Termination

Your ability to access and use the Site remains in effect until terminated in accordance with these Terms of Use. You agree that Leslie’s, in its sole discretion, may terminate any account you possess on the Site and your use of the Site and may remove and delete any content you create if Leslie’s believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. Leslie’s also may in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice and you acknowledge and agree that Leslie’s may bar any further access to the Site. Further, you agree that Leslie’s will not be liable to you or any third-party for any termination of access to the Site.

The provisions of the Disclaimer of Warranties, Indemnification, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

When you enroll, we will send recurring messages with promotions and cart reminders. Message and data rates may apply. You can always reply HELP for help or reach out to customer service at customerservice@lesl.com. Message frequency varies. Reply STOP to exit the program.

Click here to view our Pool Perks Rewards terms and conditions.

Effective Date: October 24, 2025