Affordablepoolsupply.net
USER AGREEMENT
Welcome
to Affordablepoolsupply.net's User Agreement. This Agreement is a legal
agreement between you and Affordablepoolsupply.net regarding your use of
Affordablepoolsupply.net's web site proprietary services ("Services").
By using the Services, you are agreeing to the terms and conditions included in
this Agreement (the "Terms of Service").
1.
Affordablepoolsupply.net Services. This agreement covers your use of
Affordablepoolsupply.net's Services on this site only. Your use of services on
other sites will be covered by separate agreements. Our Services are available
only to individuals who can form legally binding contracts under applicable
law, and therefore, excludes minors.
2. Use of the
Services.
You may use the Services for personal and business purposes. However, you may
not sell, lease or resell the services to or on behalf of any other party. In
addition, you may not use, or permit to be used, Affordablepoolsupply.net
Services in violation of any applicable law, regulation or policy, or in
violation of any third parties' rights.
3. Terms and
Conditions of Use.
(a) Agreement to Terms. By using the
information, services and products available through Affordablepoolsupply.net
you are agreeing to the terms and conditions contained herein.
(b) Modification.
Affordablepoolsupply.net reserves the right to modify the Terms of Service at
any time, and such modifications shall be effective immediately upon the
earlier of posting of the modified Terms of Service or by e-mail notification
to you.
(c) You agree to review these Terms of
Service periodically to be aware of such modifications, and your continued
access or use of this web site shall be deemed your acceptance of the modified
Terms of Service.
(d) You agree that these standards for
notice of changes are reasonable.
(e) You acknowledge and agree that
Affordablepoolsupply.net or its affiliates may deny you access to or use of all
or part of this web site without prior notice if you engage in any conduct or
activities that Affordablepoolsupply.net in its sole discretion believes
violates any of these Terms of Service, violates the rights of
Affordablepoolsupply.net, or is otherwise inappropriate for continued access
and use of this web site.
4. Your Information.
(a) By giving us your email address,
you are certifying in this Agreement that you have the right to use your email
address.
(b) By providing information to us via
this web site (such a, feedback, data, comments, questions, suggestions, plans
or ideas), you agree that such information shall be non confidential and that
Affordablepoolsupply.net shall have unlimited rights to (or not to): use,
distribute, reproduce, and disclose such information as
Affordablepoolsupply.net deems appropriate, without compensation or
acknowledgement of its source. Affordablepoolsupply.net shall be free to use
any ideas, concepts, know-how or techniques contained in information you
provide Affordablepoolsupply.net through Affordablepoolsupply.net's web site.
(c) In exchange for use of this web
site, you agree that any information you submit to us will be current and
complete and will not violate the rights of any third parties, and you agree to
defend, indemnify, and hold harmless Affordablepoolsupply.net, its affiliates and
content suppliers, and their successors against any claims by third-parties
alleging facts in breach of these representations.
(d) While Affordablepoolsupply.net will
not knowingly divulge your email address or any other personal information to
outside parties, you agree that Affordablepoolsupply.net will not be liable for
acquisition or use of your information by any third party without
Affordablepoolsupply.net's knowledge or consent. In turn, you agree that
Affordablepoolsupply.net will not be liable for the acquisition or use of
personal information about you that is not under our control.
(e) Affordablepoolsupply.net is against
unsolicited e-mail (SPAM) as a matter of policy. Therefore, we will NOT send
you any advertisement-only messages as part of the Services. However, in order
to support this FREE service, you will receive advertisements within the email
notifications you receive.
5. Ownership.
(a) Affordablepoolsupply.net has and
shall retain all right, title and interest in and to any software or technology
used in providing the Services, and all intellectual property rights therein.
(b) All content included on this web
site, including text, graphics, logos, buttons, icons, and images, is the
property of Affordablepoolsupply.net or its affiliates, content suppliers, or
other licensors, with ownership as indicated by specific copyright and
trademark notices and/or context, and is protected by U.S, and international
copyright and trademark laws.
6. Consumer
Information. The consumer information contained here is intended, in
part, to alert the reader to pertinent issues regarding this site. The
information contained herein is not intended as a substitute for professional
consultation. If professional assistance is required, the services of a competent
professional person should be sought.
7. Pricing and
Availability. Any pricing information listed on this web site is subject
to change without notice. Certain items herein may be discontinued or may be
unavailable in some areas.
8. Disclaimers.
(a) The availability of the Services
depends on many factors, including your connection to the Internet, the
availability of the Affordablepoolsupply.net 's web site or services, and
equipment that is not, by its nature, fault tolerant.
(b) THE SERVICES ARE PROVIDED "AS
IS". NO WARRANTIES ARE PROVIDED, WHETHER WRITTEN OR ORAL, EXPRESSED OR
IMPLIED, WITH RESPECT TO THE SERVICES, THE AVAILABILITY OR USE OF THE SERVICES,
PERFORMANCE OF THE SITE, RESULTS OBTAINED OR OPERATION WITHOUT INTERRUPTION,
ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES,
THE TRANSMISSION, STORAGE OR USE OF YOUR INFORMATION, OR ANY PRODUCTS OR
SERVICES USED IN CONJUNCTION WITH THE SERVICES.
(c) Affordablepoolsupply.net AND ITS
SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
SERVICES, AVAILABILITY AND USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS
OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, FREEDOM FROM COMPUTER VIRUS,
AND ANY TRANSMISSION OR USE OF YOUR INFORMATION.
(d) Affordablepoolsupply.net and its
affiliates and content suppliers reserve the right to alter or delete the
products, services and information available from this web site at any time.
(e) The information contained in this
World Wide Web site is provided for informational purposes only. While
Affordablepoolsupply.net has tried to provide accurate and timely information1
there may be inadvertent inaccuracies and typographical errors. We reserve the
right to make changes and corrections at any time, without notice.
(f) Affordablepoolsupply.net does not
warrant the accuracy, completeness or usefulness of the information, text,
links or other items contained on this web site and Affordablepoolsupply.net
expressly disclaims liability for errors or omissions in these materials.
(g) Affordablepoolsupply.net makes no
commitment to update the information contained on this web site.
(h) Third party web sites listed as
hypertext links herein are not under the control of Affordablepoolsupply.net.
Accordingly, Affordablepoolsupply.net can make no representation concerning the
content of these web sites nor can the fact that Affordablepoolsupply.net has
included this link serve as an endorsement by Affordablepoolsupply.net of any
of these web sites.
(i) Nothing contained in this web site
constitutes investment advice.
(j) All sales of products listed herein
are subject to our usual terms and conditions of sale.
9. Trademarks. All
trademarks, company names, and product names are the property of their
respective owners.
10. Copyright. The content
of this web site, including but not limited to the text and images herein and
their arrangement are copyright @2OO2 Affordablepoolsupply.net. All Rights
Reserved. Certain images herein are owned by and have been provided by our
members and are used with permission. Please contact us if you are interested
in receiving permission for commercial or non-commercial use of any of the
images or content herein.
11. Limitation
of liability. IN NO EVENT WILL Affordablepoolsupply.net, ITS SUPPLIERS,
LICENSEES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT THE SERVICES, THE
AVAILABILITY OR USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR
DERIVED THROUGH USE OF THE SERVICES, ANY OTHER PRODUCTS OR SERVICES USED IN
CONJUNCTION WITH THE SERVICES, OR ANY TRANSMISSION OR USE OF YOUR INFORMATION.
IN NO EVENT SHALL Affordablepoolsupply.net’S, ITS SUPPLIERS' OR ITS LICENSEES'
AGGREGATE LIABILITY TO CUSTOMER OR ANY PARTY ARISING OUT OF THIS AGREEMENT
EXCEED ONE HUNDRED DOLLARS ($100).
12.
Indemnification.
(a) You agree to indemnify, defend and
hold harmless Affordablepoolsupply.net, its affiliates, officers, directors,
employees, consultants, agents and suppliers from and against any and all
claims, liability, damages and/or costs (including but not limited to
reasonable attorneys' fees) arising from your use of this web site and the
Services provided under this Agreement, the violation of these terms and
conditions by you, or the infringement by you, or other users of
Affordablepoolsupply.net 's web site through the use of your computer or your
infringement of any intellectual property or other right of any person or
entity.
(b) Affordablepoolsupply.net reserves
the right at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you.
13.
Termination of Service.
(a)Either you or Affordablepoolsupply.net
may terminate this Agreement and the Services at any time and for any reason,
but until that time it remains in full force and effect.
(b) These terms are effective until
terminated by either party. You may terminate these terms at any time by
destroying all materials obtained from any and all Affordablepoolsupply.net
site(s) and all related documentation and all copies and installations thereof,
whether made under the terms of these terms or otherwise.
(c) These terms will terminate immediately
without notice from Affordablepoolsupply.net if in Affordablepoolsupply.net's
sole discretion you fail to comply with any term or provision of this
Agreement.
(d) Upon termination, you must destroy
all materials obtained from the site and any and all other
Affordablepoolsupply.net site(s) and all copies thereof, whether made under the
terms of these terms or otherwise.
(e) The terms of this Section and
Sections 4, 5, 8,11 and 12 will survive any termination of this Agreement.
14. Message
Center Policies
(a) Affordablepoolsupply.net does not
and cannot monitor each and every message posted in the message Center.
(b) Affordablepoolsupply.net is not
responsible for any message posted, and does not vouch for or warrant the
accuracy, validity, completeness or usefulness of any message. The messages
express the views of their authors, not necessarily the views of
Affordablepoolsupply.net.
(c) By posting in the Message Center,
you agree:
·
Many areas of Affordablepoolsupply.net are
"public", such as our Message Center. By submitting content in these
public areas, you grant to Affordablepoolsupply.net the complete right to use,
reproduce, modify, distribute, etc., the content in any part, anywhere.
·
Although Affordablepoolsupply.net is not responsible for the
content of these messages, we at Affordablepoolsupply.net reserve the right to
delete any message for any reason or no reason whatsoever.
·
You remain solely responsible for the content of your
messages, and you agree to indemnify and hold harmless Affordablepoolsupply.net
and its agents with respect to any claim based upon transmission of your
message(s).
·
We at Affordablepoolsupply.net also reserve the right to
reveal your identity (or whatever information we know about you) in the event
of a complaint or legal action arising from any message posted by you.
·
Affordablepoolsupply.net may delete any and all information,
communications, postings, or web pages for online conduct that
Affordablepoolsupply.net believes is harmful to other members or users of this
web site, the business of Affordablepoolsupply.net or other third-party
information providers.
(d) Affordablepoolsupply.net reserves
the right to end a discussion or lock a thread if we feel that the discussion
has become unproductive or combative, or if the topic is unnecessarily
dominating the message center. Affordablepoolsupply.net reserves the right to
lock a thread if there have been no messages in it for 30 days.
15. Community
Guidelines
(a) Affordablepoolsupply.net takes
pride in its community. We are protective of this community and want it to
thrive and grow. For this reason, we have implemented the Community Guidelines,
which are outlined below. These guidelines explain what you can expect of
Affordablepoolsupply.net, as well as the kind of online behavior we expect of
you.
(b) The number one guideline to be
followed at all times is "treat others as you would like to be treated
yourself." Abuse of other members will absolutely not be tolerated.
(c) Also, remember that community
standards are always evolving. It is important that you periodically check this
document for alterations and updates. It's all part of taking pride in and
protecting the Affordablepoolsupply.net community. Thanks for doing your part.
(d) Online conduct should be guided by
common sense and basic etiquette. You will be considered in violation of our
Community Guidelines if you do any of the following:
·
Use strong vulgar language, crude or explicit sexual
references, demeaning racial or ethnic remarks, and/or hate speech.
·
Post any material which is knowingly false and/or
defamatory, or invasive of a person's privacy.
·
Harass, threaten, or intimidate another member. During
debate or disagreement, always address the issue at hand, not the individual.
·
Create multiple accounts for use on
Affordablepoolsupply.net.
·
Post, transmit, or distribute illegal content.
·
Post, transmit, or distribute copyrighted or trademarked
content without authorization.
·
Impersonate another member or individual. Impersonating a
member, celebrity, Affordablepoolsupply.net employee, or
administrator/moderator will result in immediate expulsion from the community.
·
Attempt to access other members' passwords, account
information, or private information. Remember: Affordablepoolsupply.net
employees will NEVER ask for your password. Don't EVER give your password out
to anyone.
·
Collect member information via Affordablepoolsupply.net's
member information retrieval function. The use of such information for the
purpose of sending unsolicited bulk e-mail is strictly prohibited.
·
Engage in unsolicited email spamming of
Affordablepoolsupply.net members or message forums.
·
Promote chain letters and pyramid schemes, illegal or not,
in the Affordablepoolsupply.net message center or via private email to our
members.
·
Advertise products or services in Affordablepoolsupply.net's
Message Center or to our members. This includes (but is not limited to) auction
sites and auction related discussion forums.
16. Moderation
and Enforcement of Guidelines
(a) Moderation messages will be public.
This is not done to embarrass or upset the poster but, rather, to serve as a
learning experience for all users. Similarly, messages will not be deleted
unless they are obscene, invasive of a person's privacy, or otherwise in gross
violation of our guidelines. The poster will be warned in the same thread, with
the relevant portion of the message quoted as necessary. The poster, of course,
always retains the option of editing their initial message.
(b) Moderations will follow a three step
process:
·
Informal
Warning. This
may or may not contain those words but is a message from the Moderator
indicating that you have crossed the line. Please pay attention to such
messages and follow the Moderator's instructions.
·
Formal
Warning. If
a user has received an informal warning and, in the next 30 days violates this
or another guideline, s/he will receive a formal warning. Formal warnings may
also be issued immediately for gross violations of the rules, directly
insulting another user, or arguing a moderation call in the thread.
·
Suspension. A user who
has been issued a formal warning and again violates Community Guidelines will
receive a 30 day suspension. Suspensions are automatic, but may be appealed via
email. We reserve the right to issue a suspension for blatant attempts to
disrupt the forum, use of multiple Ids in any Message Center forum, or if in
the opinion of the Moderator, such an action is required to ensure the safety,
comfort and/or enjoyment of the forum by other users. Continued violation of
Affordablepoolsupply.net Community Guidelines after suspension may result in
permanent expulsion.
17.
Miscellaneous.
(a) Entire Agreement. This Agreement
constitutes the entire agreement between you and Affordablepoolsupply.net with
respect to the Services and supersedes all other agreements, contemporaneous
and prior, between you and Affordablepoolsupply.net with respect to the
Services.
(b) Nonwaiver.
Affordablepoolsupply.net's failure to enforce any provision of this Agreement
will not be construed as a waiver of any provision or right.
(c) Amendment. Affordablepoolsupply.net
can revise these Terms and Conditions by updating this posting. No amendment or
modification hereof will be valid or binding upon either party unless assented
to by Affordablepoolsupply.net.
(d) Severability. In the event that a
portion of this Agreement is held unenforceable, the unenforceable portion will
be construed in accordance with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remainder of the provisions
will remain in full force and effect.
(e) No Estoppel. Waiver by either party
of a breach of any provision of this Agreement or the failure by either party
to exercise any right hereunder shall not operate or be construed as a waiver
of any subsequent breach of that right or as a waiver of any other right.
(f) Act of God.
Affordablepoolsupply.net will not be liable in any amount for failure to
perform any obligation under this Agreement if such failure is caused by the
occurrence of any unforeseen contingency beyond the reasonable control of such
party including without limitation Internet outages, communications outages,
fire, flood, war or act of God.
(g) No Obligation to Monitor.
Affordablepoolsupply.net does not have any obligation to monitor use of the
Services, but Affordablepoolsupply.net may do so and may also disclose
information regarding your use of the Services to satisfy laws, regulations or
other government requests.
(h) North Carolina Agreement. As you
are accessing the information on the Affordablepoolsupply.net web site on a
server in Salisbury, North Carolina, the information contained on
Affordablepoolsupply.net web site shall be deemed provided in North Carolina
and shall be deemed subject to North Carolina law. These Terms and Conditions
will be governed and interpreted pursuant to the laws of North Carolina,
notwithstanding any principles of conflicts of law.
18. Contacting
Us.
You may contact Affordablepoolsupply.net at P.O. Box 11100 Santa Gertrudes,
Whitfer, CA 90604 , United States of America. Telephone:562.947.5998 FAX:562.947.7878
THANK
YOU FOR VISITING AND USING THE Affordablepoolsupply.net WEB SITE. WE APPRECIATE
YOU AS A CUSTOMER.
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2002
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