Welcome to the new Aquatic Pools And Spas website. The publications and websites offered by Aquatic Pools And Spas, along with any Android applications, iPhone applications, mobile applications, RSS feeds, podcasting services, mobile services, and any other feature, content, or applications offered from time to time by Aquatic Pools And Spas in connection with our business are hereinafter referred to as the “Site” or collectively as the “Sites”, and Aquatic Pools And Spas is hereinafter referred to as Aquatic or We. Aquatic Pools And Spas is based in the United States and the Sites are hosted in the United States.
Children under the age of 13 are not authorized to post messages or participate in “Forums” (as defined below) on the Sites. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, user name, email address or password of another member or subscriber at any time. You agree to notify Aquatic immediately if you suspect any unauthorized use of, or access to, your account or password.
This Agreement remains in full force and effect while you use the Sites. You may terminate your account/subscription on the Site at any time, for any reason, by emailing us at the email address which is posted on our Contact page referring to Termination of Service. Aquatic may terminate your account and/or access to the Sites at any time, for any reason or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the Sites is terminated, this Agreement will remain in effect. You agree that your account is non-transferable and any rights to your account terminate upon your death.
Although Aquatic does not now charge subscription or any other fees for the use of the Sites, except as may be expressly provided for certain services or content, you acknowledge that Aquatic reserves the right to charge subscription fees for all or any portion of the Sites. Aquatic will provide you with at least 30 days advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Sites after the subscription fee has been increased, you are expressly agreeing to the increased subscription fee and you will be responsible for paying such subscription fee for the balance of your subscription. If Aquatic suspends or terminates your account and/or access to the Sites because you have breached this Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
You are solely responsible for any and all transactions utilizing your personal financial information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your personal financial information, Aquatic will in no way be responsible or liable to you for any such breach. Aquatic will not store any record of personal financial information related to purchases or other transactions you make through the Sites. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your personal financial information, you must contact the processor.
The Sites contain information, text, files, images, video, sounds, musical works, works of authorship, applications, and any other materials or content, which are hereinafter collectively referred to as the “Content”. Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Aquatic, Aquatic owns and retains all rights in the Content and the Sites. Aquatic hereby grants you a limited, revocable, non-sublicensable license to access and display the Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Site and using the Sites. The Sites may also contain Content of users and other Aquatic licensors. Except as provided in this Agreement or as expressly allowed on a Site, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Sites.
Except as expressly permitted by Aquatic, you are strictly prohibited from creating works or materials, including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, online postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise that derive from or are based on Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away.
You may not either directly or through the use of any device, software, Internet site, web based service or other means remove, bypass, avoid interfere with or circumvent any copyright, trademark, or other proprietary marks on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from Aquatic. Requests for permission to reproduce or distribute materials found on the Sites can be made by contacting Aquatic via email at the email address which is posted on our Contact page referring to Content Request in the subject line.
YOUR USE OF THE SITES
The Sites are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from Aquatic. Aquatic reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Sites, collectively referred to as “User Content”. Accordingly, please choose carefully the information that you post on, through or in connection with the Sites. You understand that Aquatic does not control the User Content posted by users via the Sites and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content.
Aquatic assumes no responsibility or liability for this type of Content. If you become aware of misuse of the Sites, please report this to us immediately by emailing us at the email address which is posted on our Contact page referring to Misuse of Sites in the subject line. Aquatic assumes no responsibility for monitoring the Sites for inappropriate Content or conduct.
If at any time, Aquatic chooses, in its sole discretion, to monitor the Sites, Aquatic nonetheless assumes no responsibility for Content other than Aquatic Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
YOU AGREE NOT TO USE THE SITES TO:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of the privacy of someone else, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Sites, including Aquatic’ servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Sites;
- Use technology or any automated system such as scripts or bots in order to collect user names, passwords, email addresses or other data from the Sites, or to circumvent or modify any security technology or software that is part of the Sites;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Sites. If you do so, you acknowledge you will have caused substantial harm to Aquatic, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Aquatic $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without Aquatic’ prior written consent;
- Use the Sites to advertise or promote competing services;
- Use the Sites in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
Aquatic reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Aquatic in its sole discretion. You acknowledge Aquatic reserves the right to investigate and take appropriate legal action against anyone who, in Aquatic’ sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Aquatic may access, preserve or disclose information you provide to the Site, including User Content, when Aquatic has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Aquatic, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Sites or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
MESSAGE BOARDS AND PUBLIC FORUMS
The Site offers users the ability to post public messages on message boards and forums (“Forums”), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and Aquatic cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. Aquatic is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. Aquatic reserves the right, but disclaims any obligation or responsibility, to prevent you from posting. User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.
YOUR PROPRIETARY RIGHTS
Aquatic does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the Sites; provided, however, that User Content shall not include any Content posted by a user that is already owned by Aquatic or any affiliate. By posting any User Content on, through or in connection with the Sites, you hereby grant to Aquatic and our affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sub-licensable, transferable license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Sites or in connection with any distribution or syndication thereof to Third Party Services, as defined below, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. Aquatic’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Aquatic reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Sites.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Sites, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the Sites and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Sites or Third Party Services.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
Aquatic respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Aquatic has a policy of terminating repeat infringers access to the Sites in appropriate circumstances. If you believe that any material residing on or linked to from the Site infringes your copyright, please send us a notification of claimed infringement via email at the email address which is posted on our Contact page referring to Infringement in the subject line and include all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Aquatic Sites (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature.
THIRD PARTY LINKS AND SERVICES
Aquatic is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site and even if it is operated by an affiliate or a company otherwise connected with the Site. By using the Sites, you acknowledge and agree that Aquatic is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. When you access Third Party Services, you do so at your own risk. Aquatic encourages you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to the Site, you must contact us via email at info@AquaticPoolsAndSpas.com referring to Link Request in the subject line before doing so. In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or Aquatic, including its respective employees, agents, directors, officers or shareholders.
You are solely responsible for your interactions with other users of Sites, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Sites. Aquatic reserves the right, but has no obligation, to become involved in any way with these disputes.
Use of the Sites is also governed by our Legal Disclaimer, which is incorporated into this Agreement by this reference. Furthermore, the Sites are provided “as is” and “as available” and Aquatic does not guarantee or promise any specific results from use of the Sites. Aquatic expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, Aquatic makes no warranty that your use of the Sites will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Sites or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will Aquatic be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Sites, problems or technical malfunction in connection with use of the Sites, attendance at a Aquatic event, any material downloaded or otherwise obtained in connection with the Sites, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Sites, or the conduct of any users of the Sites, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of Aquatic.
LIMITATION ON LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SITES DURING THE TERM OF YOUR USE OF THE SITES.
US EXPORT CONTROLS
Software available in connection with the Aquatic Sites, hereinafter referred to as the “Software” is further subject to United States export controls. No Software may be downloaded from the Sites or otherwise exported or re-exported in violation of US export laws. Downloading or using the Software is at your sole risk.
This Agreement will be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions. You and Aquatic agree to submit to the exclusive jurisdiction of the courts located in Denton County, Texas to resolve any dispute arising out of this Agreement or the Sites. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
You agree to indemnify and hold Aquatic, its affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or the Sites, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the Sites.
Aquatic does not knowingly accept, via the Sites or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Aquatic’s policy is to simply delete any such submission without reading it or forwarding it to other Aquatic staff or staff of its affiliates. Therefore, any similarity between an unsolicited submission and any elements in any Aquatic creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to Aquatic via the Sites (including but not limited to any public forum), however, such submissions and copyright become the property of Aquatic and may be used, copied, sub-licensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Aquatic sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Aquatic or affiliate relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
We may, from time to time, post employment opportunities on the Sites and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to us in response to employment listings, you are authorizing us to utilize this information for all lawful and legitimate hiring and employment purposes. We also reserve the right, in our sole discretion, to forward the information you submit to our affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Sites will constitute a promise by us to contact, interview, hire or employ any individual who submits information to us, nor will anything in this Agreement or contained in the Sites constitute a promise that we will review any or all of the information submitted to us by users of the Sites.