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Terms of Use

Acceptance of Terms

The services that Poolsmith Technologies, LLC. provides to you are subject to the following Terms of Use (“TOU”). Poolsmith Technologies, LLC. reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.

Use of Information

You may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of Poolsmith Technologies, LLC.

Account, Password and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Poolsmith Technologies, LLC. immediately of any unauthorized use of your account or any other breach of security by contacting Customer Service. Poolsmith Technologies, LLC. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Poolsmith Technologies, LLC. or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Poolsmith Technologies, LLC. server, or the network(s) connected to any Poolsmith Technologies, LLC. server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Poolsmith Technologies, LLC. server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Termination of Use

You agree that Poolsmith Technologies, LLC. may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Poolsmith Technologies, LLC.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Poolsmith Technologies, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES 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. Poolsmith Technologies, LLC. MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. Poolsmith Technologies, LLC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

Poolsmith Technologies, LLC. RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

Links to Third Party Sites

THE LINKS IN THIS AREA WILL LET YOU LEAVE Poolsmith Technologies, LLC.’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Poolsmith Technologies, LLC. AND Poolsmith Technologies, LLC. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Poolsmith Technologies, LLC. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Poolsmith Technologies, LLC. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Poolsmith Technologies, LLC. OF THE SITE OR AFFILIATION.

Indemnity

You agree to defend, indemnify and hold harmless Poolsmith Technologies, LLC. its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.

Note About Children

Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

Copyright Notice

Copyright © 2003-2013 Poolsmith Technologies, LLC. All rights reserved. All rights not expressly granted herein are reserved.

Acceptance of Terms

The services that Poolsmith Technologies, LLC. provides to you are subject to the following Privacy Policy. Poolsmith Technologies, LLC. has created this privacy statement in order to demonstrate our firm commitment to privacy. We may use your IP address to help diagnose problems with our server, and to administer our Web site.

Our site may use cookies in order to serve you personalized content and enhanced navigation features. If you do not accept cookies, you will not have access to customized content or navigation features.

Contact Information

You may, in the course of using our site, choose to provide us with personal information about yourself including name and e-mail address. We will not sell or give away your name, e-mail address, mailing address or phone number to any third parties.

Information that appears on this site is for educational or informational purposes only. Though we attempt to provide accurate and timely information on this site, updates and corrections can be made only as allowed by available time and resources. The accuracy and timeliness of the information on this site cannot be guaranteed.

Accuracy of Information

Although care has been taken in preparing the information contained in this site, all material that is provided here or may be reached by using this site as a starting point is supplied “as is” without warranty of quality, accuracy, non-infringement, or any other kind. Poolsmith Technologies, LLC. (Poolsmith Technologies) disclaims all warranties with respect to the information on this site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and for the performance of the site.

Neither Poolsmith Technologies nor any author or supplier accepts or will accept any liability for any alleged losses or damages incurred in reliance on the information contained in this site, regardless of whether someone has advised us of the possibility of such damages or loss and/or someone has informed us of a problem with the site or its content. You use the site at your own risk. You assume full responsibility for using the information on this site. In no event shall Poolsmith Technologies or any author or supplier be liable for direct, indirect, punitive, special, incidental, consequential or any other damages arising out of your access to this site or any link that we provide to another site.

Links and External Websites

Poolsmith Technologies is not responsible for and have no control over the contents of or information provided in the sites linked to or accessible from this site. Your linking to any other site is at your own risk, and we accept no liability for the contents, accuracy or currency of sites that link to this one or to which we link from this site. Poolsmith Technologies does not endorse any linked site or have any legal affiliation with any operators of linked sites. Poolsmith Technologies is not responsible for any transmission you receive from any linked site or for any record that a linked site may have of your use of it, nor does Poolsmith Technologies have any responsibility for any use of such record by a linked site.

Privacy of Information

Disclosure of Information to Third Parties: Poolsmith Technologies does not sell or exchange information about your individual visits to this site or any information you may give us about yourself, such as your name, address, email address, or telephone number, to third parties.

Poolsmith Technologies’ Use of Information To Communicate With You: Poolsmith Technologies uses the personal information that you submit through this site, such as email address, for informational purposes and may send you emails or mailings to update you on upcoming events or specials. If you do not want Poolsmith Technologies to use any information that you provide to us through the web site to communicate back to you for any purpose, you must expressly say so in any submission that you send to Poolsmith Technologies. Unless you inform Poolsmith Technologies in each submission that you do not wish to receive any communication back from Poolsmith Technologies for any purpose, Poolsmith Technologies will assume that it may use the personal information that you provide to send you emails or other communications.

Letters and Emails: Poolsmith Technologies will not publish on its site or elsewhere any email or letter to it that is marked “not for publication.” Any email or letter that you send to Poolsmith Technologies, which does not state that it is not for publication, may be published by Poolsmith Technologies on its website or elsewhere.

Other Sites: This privacy policy applies only to Poolsmith Technologies, and does not govern any other site to which this site is linked. Poolsmith Technologies does not have any responsibility for or control over the use that any linked site may make of any information about yourself that you may submit to a linked site. Your use of Poolsmith Technologies’ site to link to other sites is at your own risk.