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PLEASE READ
THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEB SITE, YOU ARE AGREEING
TO COMPLY WITH THESE TERMS AND CONDITIONS
If you do not
agree with any of these Terms and Conditions, do not use this Web site or any other
related Web sites. Pool Corporation and its subsidiaries and affiliates
(collectively, the “Company,” “we,” “us,” or “our”) may update these Terms and
Conditions from time to time with or without notice to you. Your continued use
of this Web site indicates your acceptance of any modifications to these Terms
and Conditions.
Limitation of
Liability
Use of this
site is at your own risk. In using this site, you understand that you are
releasing Company and all their officers, agents, owners, affiliates and
subsidiaries, whether direct or indirect (hereafter "Released
Parties") from any and all liability for any direct, indirect,
consequential or punitive damages incurred as a result of your access to or use
of this site. You agree that this waiver of all liability includes, but is not
limited to, any damages due to computer viruses that may enter your computer
equipment due to accessing or downloading information from this site, loss of
information or data, damages arising out of service interruptions, negligence
or any other cause of action relating to your access, use or inability to
access or use the site, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES.
If you are
dissatisfied with any portion of the Web site, or with these Terms and
Conditions or any other policy applicable to the Web site, your sole and
exclusive remedy is to discontinue using the Web site. This sole and exclusive
remedy is separate and independent of any other provision that limits Released
Parties’ liability or your remedies.
Copyright and
Trademark
All materials
contained on the Web site or in any other mailings or distributions from
Company, including, without limitation, text, graphics, logos, icons, images,
audio clips, software, trademarks, service marks and trade names (together
"Content") are copyrighted materials owned by or licensed to Company.
This intellectual property is a trademark of Company or a third party user
under license. You may electronically copy and print portions of the Web site
and the Content for your own personal non-commercial use only. Any other use of
the Web site and the Content, including commercial use, modification etc., are
strictly prohibited.
Links
The Web site
may include links to third party web sites or resources. Company makes no claim
or representation regarding, and shall not have any responsibility or liability
for, the reliability, quality, content, nature or accuracy of such third party
web sites or resources. Company does not endorse any of the third party sites
to which it links from the web site.
Third Party
Content
Any opinions,
advice, statements, services, offers, events or other information or content
expressed or made available through this Web site by third parties (including
information providers and users) are those of the respective author(s) or
distributor(s) and not of Company. Company neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice, information, or
statement made on this Web site by anyone other than its authorized employees
acting in their official capacities.
End User
Content
You agree that
any communication or material you transmit to the site by electronic mail or
otherwise, including questions, comments, data and suggestions becomes property
of the Released Parties and will be treated as non-confidential and
non-proprietary. Anything you transmit or post may be used by Company for
any purpose such as reproduction, disclosure, broadcast or posting.
Disclaimer of
Warranties
Company
endeavors to provide you with current, accurate and reliable information on the
Web site. However, Company does not warrant the accuracy, completeness or
usefulness of the information, text, links, or other items contained on this
Web site, and Company expressly disclaims liability for errors or omissions in
these materials. Company makes no commitment to update the information
contained on this Web site. COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS
AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS INCLUDED ON THIS WEB SITE, INCLUDING BUT NOT LIMITED TO
ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, REDHIBITON, FITNESS FOR
A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER
PROPRIETARY RIGHTS, AND FREEDOM FROM COMPUTER VIRUS. COMPANY DOES NOT WARRANT
THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED, ERROR OR VIRUS FREE OR THAT THE
CONTENT IS ACCURATE, COMPLETE, RELIABLE OR ERROR FREE. Products and services
are the responsibility of the manufacturer or provider of those services and
are covered by the warranties offered by such manufacturers or providers, if
any. Some jurisdictions do not allow the exclusion of implied warranties in certain
situations, so the foregoing disclaimer may not apply to you, either in whole
or in part. Your use of this Web site is at your own risk and you assume full
responsibility for all costs associated with all necessary servicing or repair
of any equipment you use in connection with your use of the Web site.
User Conduct
While using the
Web site you agree not to violate any applicable law or regulation, or access,
tamper with, or use nonpublic areas of the Web site or Company computer systems. You are solely responsible with regard to
usage and
security of your password and any activities that occur under your account,
whether authorized by you or not. You shall not use the account of anyone else
at any time, nor shall you allow anyone else (other than your authorized
employee) to use your account. You shall not share your account information
with any person or organization outside of your organization or the
Company. In the event you are in
material breach of these Terms and Conditions, the Company may, at its sole
discretion, suspend or terminate your account, delete your Content from the
POOL360 Website, and/or refuse you any current or future use of any POOL360
Website without notice. Company shall not be liable to you or any third party
for any such suspension or termination.
Designated
Agent For Notice of Infringement Claims
Company
respects the intellectual property of others, and we ask our users to do the
same. If you believe that your intellectual property has been copied in a way
that constitutes copyright infringement, or that your intellectual property
rights have been otherwise violated, please provide Company’s Agent for Notice
listed below with the following information in a written notice:
1. A description of the copyrighted work or other intellectual
property that you claim has been infringed;
2. A description of where the material that you claim is
infringing is located on the Company site, with enough detail that we may find
it on the web site;
3. Your address, telephone number and email address;
4. A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright or intellectual property owner,
its agent, or the law;
5. A statement by you under penalty of perjury that the
information in your notice is accurate and that you are the copyright or
intellectual property owner or are authorized to act on the copyright or
intellectual property owner's behalf;
6. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual property
interest.
Company’s
designated Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
Name of Agent
for Notice: Customer Service/Marketing
By mail: 109
Northpark Boulevard, Covington, LA 70433
By phone: (888)
GRO-POOL
By email: copyright@poolcorp.com
Please note
that, due to security concerns, attachments cannot be accepted. Accordingly,
any notification of infringement submitted electronically with an attachment
will not be received or processed.
Miscellaneous
Provisions
If any
provision of these Terms and Conditions is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions of the parties, with all other
provisions remaining in full force and effect. The failure of Company to
enforce any provision in these Terms and Conditions shall not constitute a
waiver of such provision.
The Terms and Conditions and the other policies stated on the Web site,
comprises the entire agreement between you and Company regarding this subject
matter and supersedes all prior or contemporaneous negotiations, discussions
or agreements, if any, between the parties regarding the subject matter
contained herein. The laws of the State of Louisiana and controlling U.S.
federal law, without regard to the choice or conflicts of law provisions of any
jurisdiction, will govern any action related to these Terms and Conditions, the
Privacy Policy or any other policy contained on the Web site. You have relied
upon no representation or statement contradicting this waiver in agreeing to
access this Web site, unless in writing and signed by a duly authorized agent
of Released Parties.
You agree to
all above terms and conditions, and you agree to hold harmless Released Parties
from any and all claims resulting from your access and use of this site and the
products or services featured in it. By entering this Site, you verify that you
have read and understand all these terms and conditions without reservation.
Consumer
Information
The consumer
pool information contained in this Web site is intended, in part, to alert the
reader to certain pool maintenance issues. You should consult your local
Company branch or a local pool professional for relevant information regarding
your particular circumstances, climate and geography. The information contained
herein is not intended as a substitute for professional consultation regarding
pool installation, pool maintenance or pool repair. If professional assistance
is required, the services of a competent professional person should be sought.
Pricing and Availability
Any pricing
information listed on this Web site is subject to change without notice.
Certain items listed as part of our inventory herein may be discontinued or may
be unavailable in some areas. Not all items listed herein are kept in stock for
immediate delivery.
Disclaimer
The information contained in this Web site is provided
for informational purposes only. While we have tried to provide accurate and
timely information, there may be inadvertent inaccuracies and typographical
errors, for which we apologize. We reserve the right to make changes and
corrections at any time, without notice. Nothing contained in this Web site
constitutes investment advice. All sales of products listed herein are subject
to our usual terms and conditions of sale.
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