Effective Date: January 1, 2011
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Pool Corp USA, All Around Pools, Pool Corp USA/AAP and allaroundpools.com, ("The Company") owns and maintains this web-site ("The Site") for your enjoyment and information. Thank you for visiting the site, the company hopes that you find your experience in browsing the site to be both pleasurable and informative. The company is always ready to answer any and all questions that you may have regarding the products and services provided by the company and invites you to contact us at any time with any comments and questions that you may have. We are in business to serve our customers and take great pride in the service that we provide.
The following terms and conditions apply to your use of the site and your use of the site evidences your unconditional agreement to each and every one of these terms and conditions. Hence, if you do not agree to the following conditions, you should not use the site in any manner whatsoever.
5. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
6. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
7. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL MATERIALS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image (s) in the link without our prior written consent.
11. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
12. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Detroit, Michigan, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Michigan, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
14. Controlling Law. This Agreement shall be construed under the laws of the State of Michigan, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
15. Intended For Use Only Within The United States. This site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents are illegal is not authorized.
16. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
17. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
18. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
19. The company disclaims any and all warranties, of any type and of any nature, regarding the accuracy of any information appearing on the site. The information provided upon the site is provided on an "AS-IS" basis and you agree that you are using the site at your own risk and you agree to fully and completely indemnify and hold the company harmless from and against any and all claims and causes of action which are related in any manner whatsoever to your use or misuse of the site. You agree that this indemnity should be construed in the broadest possible manner, as allowed under the Laws of the State of Michigan, in favor of Pool Corp USA, All Around Pools, Pool Corp USA/AAP and allaroundpools.com.
20. You agree to use the material found on the site for your own personal and non-commercial use. You agree to refrain from distributing any material found on the site to any third party and you acknowledge that the material on the site may be subject to various copyright and trademark rights of the company and/or of various third parties and to fully respect these rights and to refrain from taking any action which may infringe upon any of these rights.
21. The company has not and will not review the content of any websites and web pages which may be linked to the site. You agree that any access that you make to these web pages and websites is done at your own risk and you agree to fully and completely indemnify and hold harmless the company from and against any and all claims and causes of action which may arise from your use or misuse of these web pages and websites.
22. You further agree that any communications, ideas, concepts, suggestions, or other materials, of any nature and of any type, which you submit to the company shall become solely and completely owned by the company and the company may dispose of these items in any manner that it desires and without incurring any liability, of any nature, to you.
23. You agree that you are solely and completely responsible for ensuring that your access and use of the site is allowed under the laws of the jurisdiction in which you reside and, without limiting the generality of any of the foregoing. You agree that the company is not making any representation, warranty, or guarantee that the site adheres to any of the rules and regulations which may be applicable to the jurisdiction in which you reside.
24. You agree and understand that the company may not conduct business in the jurisdiction in which you reside and may unilaterally change the jurisdictions in which it does business within, without notice.
Material Modifications Since January 1, 2011: none.
Copyright © 2001-10 All Rights Reserved, this is not a Creative Commons license. This document is licensed only for use by Pool Corp USA, Inc. / All Around Pools and allaroundpools.com, the owner of this website. Copying or use of this document in whole or in part by anyone other than the licensee is prohibited.