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.
L & J Pools and its affiliates
(referred to as “L & J Pools” 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 L & J Pools 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 L
& J Pools’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
L & J POOLS 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 L & J Pools, 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.
L & J Pools, the L & J
Pools logo and other L & J Pools trademarks which appear on the website are
trade names and trademarks of L & J Pools. L & J Pools and L & J
Pools are trade names for L & J Pools 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 L & J Pools.
L & J Pools respects the
intellectual property of others and asks that our users do the same. It is the
policy of L & J Pools 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.
L & J Pools’s Agent for Notice
of claims of copyright infringement on the website is: Manager - jim@internetpoolstore.com
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 L & J Pools 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, L & J Pools
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 L & J Pools 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 L & J Pools
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 L & J Pools 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 L & J Pools 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 L & J Pools 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 L &
J Pools governing the conduct of your relationship with L & J Pools.
Other Terms
No waiver, modification or
amendment of any of these terms and conditions shall be effective against L
& J Pools unless it is in writing and signed by an authorized official of L
& J Pools. 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 L
& J Pools in these terms and conditions are cumulative and not exclusive of
any other rights or remedies which L & J Pools 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.
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