Welcome to our website (poolsum.com). Please read these Terms and Conditions carefully. By accessing or using the Site in any way, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Site.
Modifications to Terms and Conditions
We may modify these Terms and Conditions from time to time, and will post the most current version on our Site. If a modification materially changes your rights, we will notify you of the change either by prominently posting a notice of such change prior to the change becoming effective or by directly sending you a notification. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Privacy Policy
Please review our Privacy Policy, which also governs your visit to our Site, to understand our practices with respect to data collection and use.
User-Generated Content
You may be able to submit content to the Site (“User Generated Content”). By submitting User Generated Content, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, distribute, and otherwise exploit such User Generated Content in any and all media now known or hereafter devised.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Generated Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Generated Content as set forth above; and (ii) neither the User Generated Content nor your posting, uploading, publication, submission or transmittal of such User Generated Content or our use of such User Generated Content will infringe, misappropriate or violate a third party’s trademark, patent, copyright, trade secret or other proprietary rights or rights of publicity or privacy.
Third Party Sites and Content
The Site may contain links to other websites (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”).
Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content.
Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
User Conduct
You agree to use the Site only for lawful purposes. You agree not to post on or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit or racially, ethnically or otherwise offensive material of any kind;
Any material that infringes another’s intellectual property rights, including, but not limited to, copyrights or trademarks;
Any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters” or any other solicitation;
Any material that contains viruses or other harmful computer code;
Disclaimer
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE 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.
NEITHER THE SITE NOR ANY PERSON ASSOCIATED WITH THE SITE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE SITE NOR ANYONE ASSOCIATED WITH THE SITE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE SITE HEREBY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SITE.
Limitation on Liability
IN NO EVENT WILL THE SITE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Site, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
Termination and Cancellation
The Site reserves the right in its sole discretion to:
change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site.
terminate your access to any or all of the Site at any time, without notice, for any reason whatsoever.