Agreement to Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE, YOU ARE AGREEING TO COMPLY WITH THESE TERMS AND CONDITIONS
These Terms and Conditions of Use (“Terms and Conditions) apply to the ACDC Pool Works website located at www.acdcpoolworks.com and all associated sites linked to these Terms and Conditions by ACDC Pool Works and its subsidiaries and affiliates (collectively, the “Site”). If you do not agree with any of these Terms and Conditions, do not use the Site. ACDC Pool Works 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 the Site indicates your acceptance of any modifications to these Terms and Conditions.
The Site is intended for use only by adults, and any access to or use of the Site by minors is expressly prohibited. By accessing the Site, you represent and warrant that you are at least 18 years of age and possess the legal authority to form legally binding contracts.
Restrictions on Use
You may use this Site and the Content solely for informational, non-commercial, personal purposes. You may not use the Site or the Content for any purpose not expressly permitted in these Terms and Conditions. You may not co-brand, frame or mirror the Site or any Content.
Pricing and Availability
Any pricing information listed on this 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. All sales of products listed herein are subject to our usual terms and conditions of sale. The materials on the Site with respect to products and services may be out of date, and Company makes no commitment to update the materials on the Site with respect to such products and services.
The Content is provided on a gratis basis for informational purposes only and may not be relied upon for any purpose. The pool information contained in this Site is intended, in part, to alert the reader to certain pool maintenance issues. You should consult your local Company sales centers 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. The services of a competent professional should be sought before undertaking pool installation, pool maintenance or pool repair. Professionals should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Nothing contained in this Site constitutes investment or financial advice.
Limitation of Liability
Use of the Site and Content is at your own risk. In using this Site, you understand that you are releasing Company and all their officers, employees, agents, owners, affiliates and subsidiaries, whether direct or indirect (hereafter “Released Parties”) from any and all liability for any direct, indirect, exemplary, consequential or punitive damages which arise out of or are in any way connected with your access to or use of this Site, the Content, or any website linked to the 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 the 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 OTHER¬WISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
If, notwithstanding the other provisions of these Terms and Conditions, Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, any Content, or any linked website, Company’s liability shall in no event exceed the greater of (1) the total of any fees paid by you with respect to any service or feature of the Site in the six months prior to the date of the initial claim made against Company (but not including the purchase price or license fee for any Company services or products), or (2) US$100.00. If you live in a jurisdiction that does not allow certain limitations of liability, Company’s liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify and hold the Released Parties harmless from and against any demand, loss, liability, claim or expense (including attorneys’ fees), made against them by any third party which arises out of or is in any way connected with your use of the Site, the Content, or any linked website. You expressly waive and renounce all your rights of whatever nature that you may have against Company for any loss suffered by you as a result of your use of the Site, the Content, or any linked website.
Proprietary and copyright protected information
All material and content accessible on the Site, including without limitation (a) text, images, photographs, graphics, sounds, music, artwork, reports, research, guidelines, information, data, articles, descriptions, instructions, advice, documents, and other works of authorship, (b) technology, designs, methods, ideas, concepts, know-how, techniques, and (c) software, computer code, architecture, hidden text and symbols, user interfaces, look and feel, visual interfaces, layout, design, arrangements, structure, selection, coordination, and expression (collectively the “Content”) is the proprietary information of Company and its licensors, and Company and its licensors retain all right, title, and interest in and to the Content now and in the future. This Site, including all Content, is protected by trade secret, copyright, patent and trademark laws, and various other U.S. and international laws and treaties.
You agree to comply with all applicable laws worldwide in your use of this Site, and agree that the Site and Content may not be copied, distributed, republished, altered, uploaded, posted, publicly displayed, encoded, translated, or transmitted in any way, in whole or in part, without the prior written consent of Company. If Company grants written consent, you may not remove or alter any copyright, trademark or other proprietary notice appearing on any of the Content.
You may not use any deep-link, page-scrape, robot, spider or other device, program, algorithm or methodology, or any similar process, to access or copy any portion of the Site or Content. No intellectual property rights are transferred to you by access to the Site or otherwise.
The Site may include links to third party websites 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 websites or resources. Company does not review or endorse any of the third-party websites linked to the Site.
Third Party Content
Any opinions, advice, statements, services, offers, event details or other information or content expressed or made available through this 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 such opinion, advice, information, or statement made on this Site.
You grant to Company the royalty-free, perpetual, irrevocable, worldwide, and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, materials, data, remarks, suggestions, ideas, or other information communicated to Company through or about this Site (collectively, the “Submission”), or any portion thereof, and to incorporate any Submission in other works, in any form, media, or technology now known or later developed. Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products/services or advertising) without incurring any liability or obligation for payment, royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company products, services, advertising, or operations.
The Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All users accessing the Site do so on their own initiative and are responsible for compliance with applicable laws and regulations. The Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited, by reason of that person’s nationality, residence, age, or otherwise. Persons under these restrictions must not access the Site.
Disclaimer of Warranties
Company does not warrant the accuracy, completeness or usefulness of the Content, the Site, or the products and services advertised thereon, and Company expressly disclaims liability for errors or omissions. Company makes no commitment to update the information contained on this Site. COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS AND SERVICES INCLUDED ON THE 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 SITE WILL BE UNINTERRUPTED, ERROR OR VIRUS FREE OR THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE OR ERROR FREE. THE SITE, CONTENT, AND PRODUCTS AND SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. 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 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 Site.
While using the Site you agree not to violate any applicable law or regulation, or access, tamper with, or use nonpublic areas of the Site or Company computer systems. You may not compromise Site security or tamper with Site accounts. The use of tools designed for hacking or compromising security (e.g., password-guessing programs, cracking tools or network probing tools) is strictly prohibited.
You may not probe, scan or test the vulnerability of the Site, nor breach security or authentication measures on the Site. You may not reverse look-up or trace any information on any other user of or visitor to the Site, or any customer of Company, or disclose any information about any such visitor or customer.
If you violate system security, Company reserves all rights available in criminal and civil law, as well as the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms and Conditions by any lawful means.
Company reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone violating the law or these Terms and Conditions.
By accepting these Terms and Conditions you waive and hold harmless Company from any claims resulting from any action taken by Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Company or law enforcement authorities.
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 Site, comprise the entire agreement between you and Company regarding the subject matter and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. You have relied upon no representation or statement contradicting these Terms and Conditions in agreeing to access this Site, unless in writing and signed by a duly authorized agent of Company.
This Site is controlled by Company from its offices within the United States of America. Company makes no representation that the Site is appropriate or available for use at locations outside of the United States and access to it from territories where its Content is illegal is prohibited.
You agree to be bound by any affirmation, assent or agreement you transmit by computer or other electronic device. You agree that, when you submit an order on the Site or click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. Regardless of any electronic signature, you agree that use of this Site and the Content is subject to the Terms and Conditions and that you are bound by the Terms and Conditions.
You agree to all of the 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.