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AGREEMENT
BETWEEN USER AND My Pool Pro
The My Pool Pro Web Site
is comprised of various Web pages operated by My Pool
Pro.
The My Pool Pro Web Site is offered to you conditioned
on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the My Pool Pro Web Site
constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF
USE
My Pool Pro reserves the right to change the
terms, conditions, and notices under which the My Pool Pro Web Site
is offered, including but not limited to the charges associated with
the use of the My Pool Pro Web Site.
LINKS TO THIRD PARTY SITES
The My Pool
Pro Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of My Pool Pro and My
Pool Pro is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. My Pool Pro is not
responsible for webcasting or any other form of transmission
received from any Linked Site. My Pool Pro is providing these links
to you only as a convenience, and the inclusion of any link does not
imply endorsement by My Pool Pro of the site or any association with
its operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the My Pool Pro Web
Site, you warrant to My Pool Pro that you will not use the My Pool
Pro Web Site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the My Pool Pro Web
Site in any manner which could damage, disable, overburden, or
impair the My Pool Pro Web Site or interfere with any other party's
use and enjoyment of the My Pool Pro Web Site. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the My Pool Pro
Web Sites.
USE OF COMMUNICATION
SERVICES
The My Pool Pro Web Site may contain bulletin
board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at
large or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you
will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information.
- Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have
received all necessary consents.
- Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation
of another's computer.
- Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service
specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain
letters.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be
legally distributed in such manner.
- Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that
is uploaded.
- Restrict or inhibit any other user from using and enjoying the
Communication Services.
- Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
- Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
My Pool
Pro has no obligation to monitor the Communication Services.
However, My Pool Pro reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole
discretion. My Pool Pro reserves the right to terminate your access
to any or all of the Communication Services at any time without
notice for any reason whatsoever.
My Pool Pro reserves the
right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in My Pool Pro's sole
discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any
Communication Service. My Pool Pro does not control or endorse the
content, messages or information found in any Communication Service
and, therefore, My Pool Pro specifically disclaims any liability
with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and
hosts are not authorized My Pool Pro spokespersons, and their views
do not necessarily reflect those of My Pool Pro.
Materials
uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO My Pool
Pro OR POSTED AT ANY My Pool Pro WEB SITE
My Pool Pro
does not claim ownership of the materials you provide to My Pool Pro
(including feedback and suggestions) or post, upload, input or
submit to any My Pool Pro Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
My Pool Pro, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission;
and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the
use of your Submission, as provided herein. My Pool Pro is under no
obligation to post or use any Submission you may provide and may
remove any Submission at any time in My Pool Pro's sole
discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described
in this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE My Pool Pro WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. My Pool Pro AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE My Pool Pro
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE My Pool Pro WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
My Pool Pro
AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE My Pool Pro WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. My Pool Pro AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL My Pool Pro AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE My Pool
Pro WEB SITE, WITH THE DELAY OR INABILITY TO USE THE My Pool Pro WEB
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE My Pool Pro WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE My Pool Pro WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF My Pool Pro OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE My Pool Pro WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE My
Pool Pro WEB SITE.
SERVICE CONTACT :
mark@innismaggiore.com
TERMINATION/ACCESS
RESTRICTION
My Pool Pro reserves the right, in its
sole discretion, to terminate your access to the My Pool Pro Web
Site and the related services or any portion thereof at any time,
without notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of
courts in King County, Washington, U.S.A. in all disputes arising
out of or relating to the use of the My Pool Pro Web Site. Use of
the My Pool Pro Web Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree
that no joint venture, partnership, employment, or agency
relationship exists between you and My Pool Pro as a result of this
agreement or use of the My Pool Pro Web Site. My Pool Pro's
performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of
My Pool Pro's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the My
Pool Pro Web Site or information provided to or gathered by My Pool
Pro with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and My Pool Pro
with respect to the My Pool Pro Web Site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and My Pool Pro with respect to
the My Pool Pro Web Site. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this
agreement to the same extent an d subject to the same conditions as
other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the My Pool Pro Web Site are:
Copyright 2006 My Pool Pro and/or its suppliers. All rights
reserved.
TRADEMARKS
The
names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies,
organizations, products, people and events depicted herein are
fictitious. No association with any real company, organization,
product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are
reserved.
NOTICES AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to
Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law
should be sent to Service Provider's Designated Agent. ALL INQUIRIES
NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
See Notice and Procedure for Making Claims of Copyright
Infringement. |
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