Terms of Service |
Terms and Conditions of Use
Please read these terms and conditions carefully. By accessing this
website you are indicating that you have read, acknowledge and agree to be bound
by these terms and conditions (also referred to as an �agreement� here). Your
agreement shown by accessing and using this website is as legally binding as
if you signed a written document. If you do not agree to all these terms and
conditions, do not access this website. Internet Pool Store and its affiliates (referred to as �Internet Pool
Store� or �us� or �we�) may change these terms and conditions, and you are
responsible for regularly reviewing and complying with them. Your continued
use of this website constitutes your agreement to all those terms and
conditions. PLEASE NOTE that this agreement contains important sections below. General Information This website comprises various websites and pages operated by Internet
Pool Store and the information contained therein (together, the
"website"). Certain sections of the website may contain separate
terms and conditions, which are in addition to this agreement. You should
read those additional terms and conditions carefully. By accessing such
sections or pages, you agree to be bound by those additional terms and
conditions. In the event of a conflict, those additional terms and conditions
will govern your use of those sections or pages. We may terminate your access to the website or any part of it at any time
with or without notice, in our sole discretion. You may not attempt to gain unauthorized access to the website, or
computer systems or networks connected to the website, through hacking,
password or data mining, or any other means to circumvent security procedure.
You may not use bots, spiders or intelligent agent software (or other
methods) for any purpose other than accessing publicly posted portions of the
website and then only as authorized by the license we provide to you below
under �Proprietary Rights�. Unauthorized use of our website and systems,
including, but not limited to, unauthorized entry into Internet Pool Store�s
computer networks and systems, or misuse of password is strictly prohibited.
�Unauthorized use� includes using the publicly available information for
purposes which are (I) not authorized by this agreement, or (II) not
consistent with the license set out below in the section titled �Proprietary
Rights�. You may not use the website in any manner that could damage, disable,
overburden, or impair the website or any service we provide or interfere with
any other party�s use and enjoyment of the website or any service we provide.
You are to ensure that any information you provide to us through the
website will be correct and complete. The information and materials on the website may contain errors or
inaccuracies, including both typographical and substantive errors. We reserve
the right, in our sole discretion, without any obligation and without any
notice requirement, to discontinue, change, improve or correct the
information, materials and descriptions on the website and to suspend or deny
access to the website for scheduled or unscheduled maintenance, upgrades,
improvements or corrections. Any dated information is published as of its
date only, and we have no responsibility to update or amend any such
information. Disclaimers of Warranty THE INFORMATION, PRODUCTS AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN
"AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS
AND ARE USED ONLY AT YOUR SOLE RISK. WE AND OUR AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, OF
ERROR-FREE OR UNINTERRUPTED SERVICES, OR THAT THE INFORMATION ON THIS WEBSITE
WILL MEET YOUR NEEDS OR EXPECTATIONS. WE DO NOT WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS WHATSOEVER,
EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU, INCLUDING REGARDING (I)
THE USE OF OR THE RESULTS OF ACCESS TO THE WEBSITE OR ANY DELAY OR LOSS OF OR
LIMIT ON ACCESS TO OR USE OF THE WEBSITE, OR (II) SYSTEM PERFORMANCE AND
EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF
THE WEBSITE. WE SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION
THROUGH THE WEBSITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR
PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE,
CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE
OPERATION OF THE WEBSITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.
EXCEPT AS OTHERWISE REQUIRED BY LAW, WE SHALL HAVE NO LIABILITY FOR LOSSES
CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY,
INCLUDING, BUT NOT LIMITED TO, YOUR INTERNET ACCESS PROVIDER. Limitations of Liability INTERNET POOL STORE AND ITS AGENTS AND LICENSORS SHALL NOT HAVE ANY
RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES OR LOST PROFITS OR SAVINGS OR OTHER
ECONOMIC HARM YOU MAY INCUR OR SUFFER (REGARDLESS OF WHETHER SUCH DAMAGES ARE
REASONABLY FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE) FROM (I) YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY RELIANCE BY
YOU ON THE WEBSITE, OR INABILITY TO ACCESS THE WEBSITE, (II) THE RELIABILITY,
ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, (III) ANY DELAYS OR ERRORS IN
THE TRANSMISSION OR DELIVERY OF ANY INFORMATION OR ANY PART OF THE WEBSITE,
(IV) THE INTERCEPTION OR USE BY THIRD PARTIES OF ANY INFORMATION YOU PROVIDE
TO US, OR (V) ANY OTHER REASON. IN ANY EVENT OUR COMPLETE LIABILITY (AND THAT OF ANY OF OUR AGENTS OR
LICENSORS) TO YOU FOR ANY REASON IN NO EVENT CUMULATIVELY SHALL TOTAL MORE
THAN $500.00. Notices Our notices to you may include notice of important changes to this
agreement. We may send any notice to any address you provide, including email
addresses, so it is important that all such information you provide to us be
accurate. Proprietary Rights All right, title and interest in the website is the exclusive property of Internet
Pool Store, except as otherwise stated. You may not access, modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, frame,
create derivative works from, transfer, or otherwise use in whole or in part
any part of the website, except for the purposes expressly provided herein,
without our prior written approval. If you download any information or
software from the website, you agree that you will not remove or obscure any
copyright or other notices or legends contained in any such information. You have a limited, personal, non-transferable, non-exclusive license to
view and copy the publicly accessible information on this website for your
personal noncommercial use, and only on one computer. You are not permitted
to resell or transfer any information obtained from this website to anyone
else. This license can be terminated by us at any time, at which time you
must destroy all copies of the licensed materials. This license is
conditioned on your continued adherence to all the terms of this agreement. Internet Pool Store, the Internet Pool Store logo and other Internet Pool
Store trademarks which appear on the website are trade names and trademarks
of Internet Pool Store. Internet Pool Store and Internet Pool Store are trade
names for Internet Pool Store and its subsidiaries and affiliates. You may
not use any trademarks for any purpose including, but not limited to, use as
metatags on other sites on the World Wide Web without the prior written
permission of Internet Pool Store. Internet Pool Store respects the intellectual property of others and asks
that our users do the same. It is the policy of Internet Pool Store to
respond expeditiously to claims of intellectual property infringement by
promptly processing and investigating notices of alleged infringement and
taking appropriate actions under the Digital Millennium Copyright Act and
other applicable intellectual property laws. If you believe that your
copyrighted work is accessible on the website in a way that constitutes
copyright infringement, you may notify us by providing our Copyright Agent
with the following information: 1) the electronic or physical signature of
the owner of the copyright or of the person authorized to act on the owner�s
behalf; 2) identification of the copyrighted work or other intellectual
property that you claim is being infringed; 3) identification of the material
that you claim is infringing; 4) identification of the URL or other specific
location on the website where the material that you claim is infringing is
located (please be as specific as possible); 5) your name, address, telephone
number, and email address; 6) a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; and 7) a statement by you, made under penalty of perjury,
that the information in your notice is accurate and that you are the copyright
owner or are authorized to act on the copyright owner�s behalf. Internet Pool Store�s Agent for Notice of claims of copyright infringement
on the website is: Manager - [email protected] Use of Links The website may contain links to and be linked from third-party websites.
These links are provided only as a convenience and do not imply an
affiliation, sponsorship, endorsement, approval, investigation, verification
or monitoring by Internet Pool Store of any information contained in any
third-party website. We are not responsible for the information contained on
that site or your use of or inability to use the website. If you choose to
connect to a third-party website, Internet Pool Store makes no warranties,
either express or implied, concerning the content of such site, including the
accuracy, completeness, reliability, or suitability thereof for any
particular purpose, nor does Internet Pool Store warrant that such site or
content is free from any claims of copyright, trademark, or other
infringement of the rights of third parties or that such site or content is
devoid of viruses or other contamination. You should also be aware that the
terms and conditions of such site and the site�s privacy policy may be
different from those applicable to your use of our website. No Solicitation The information on the website is made available for informational
purposes only. None of the information contained in the website constitutes a
solicitation or offer by Internet Pool Store to buy or sell any securities or
other financial instruments or provide any investment advice. The information
on the website is limited to the dissemination of general information
regarding products and services. The information and services provided on the
website are not provided to and may not be used by any person or entity in
any jurisdiction where the provision or use thereof would be contrary to
applicable laws, rules or regulations of any governmental authority or
regulatory or self-regulatory organization or clearing organization or where Internet
Pool Store is not authorized to provide such information or services. Some
products and services described in the website may not be available in all
jurisdictions or to all clients. Indemnification You hereby indemnify and hold harmless Internet Pool Store and its
directors, officers, employees, control persons, vendors, licensors and
agents, from and against any and all claims, actions, proceedings, losses,
liabilities, damages, costs and expenses (including reasonable attorney�s and
experts� fees and costs) arising out of or related to (i) any use or access
by you (or on your behalf) of the website; (ii) any breach by you of any
agreements, or representations and warranties contained in these terms and
conditions, (iii) any access to or use of the website by you in violation of
any rights of Internet Pool Store or any third party, including, but not
limited to, copyright, patent, trade secret, trademark, or other intellectual
property rights and publicity and privacy rights, (iv) any access to or use
of the website by you in violation of any applicable law, rule or regulation,
or (v) any unauthorized access of, or through, the website to any computer
system. Full and Complete Agreement Regarding Website These terms and conditions represent the complete and exclusive statement
of the agreement between you and us regarding your rights to access and use
the website, and supersedes all prior agreements and representations (whether
written or oral), regarding this subject matter, except as is otherwise
provided herein. This agreement is in addition to, and does not nullify, any
other agreement between you and Internet Pool Store governing the conduct of
your relationship with Internet Pool Store. Other Terms No waiver, modification or amendment of any of these terms and conditions
shall be effective against Internet Pool Store unless it is in writing and
signed by an authorized official of Internet Pool Store. We do not waive any
power or right under this agreement even if we don�t always insist on strict
compliance with any of these terms and conditions, or if we delay or fail to
exercise any power or right given to us in this agreement. All rights and remedies given to Internet Pool Store in these terms and
conditions are cumulative and not exclusive of any other rights or remedies
which Internet Pool Store otherwise has at law or equity. These terms and conditions shall be binding upon you and your executors,
heirs, successors and assigns. I HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS.
|
�