Terms and Conditions
WELCOME TO WWW.POOLZ.COM
We've designed our website to be useful, informative, and fun. We hope we've succeeded and we hope you'll let us know how we can make it even better. All we ask in return is that you abide by the following conditions. Please read them carefully, because when you use our site, you automatically agree to them.
RESTRICTION ON USE OF MATERIALS ON THIS SITE
(1) You agree not to re-use material from www.poolz.com or from any other World Wide Web site operated by Dareba or its affiliated companies around the world. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you get our written consent first. There's one exception: you may download material onto one computer for your personal, non-commercial use only, provided you don't delete or change any copyright, trademark, or other proprietary notices. But please don't modify the materials or use them for any other purpose; if you do, you'll be violating our intellectual property rights.
(2) Everything you download – the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it – is considered licensed to you by Poolz.com. That means that we retain full and complete ownership to the software and to all of the associated intellectual-property rights. So you're not allowed to redistribute or sell the material or to reverse-engineer, disassemble, or otherwise convert it to any other form that people can use.
IF YOU SUBMIT MATERIAL TO US
(1) All remarks, suggestions, ideas, graphics, or other information that you communicate to Poolz.com through this site (other than personal information we promise to protect under our Privacy Promise become and remain our property, even if this agreement is later terminated. This means that:
We don't have to treat any such submission as confidential
You can't sue us for using the ideas you submit (including, but not limited to, product or advertising ideas)
If we use them – or anything like them – we don't have to pay you or anyone else for them
We will have exclusive ownership of all present and future rights to submissions of every kind. We can use them for any purpose, without compensating you or anyone else for them.
(2) You acknowledge that you are responsible for any submission you make. In other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
LIMITATION OF LIABILITY
(1) Poolz.com will not be liable for any damages or injury that accompany or result from your use of its site. These include (but are not limited to) damages or injury caused by any:
Use of (or inability to use) the site
Use of (or inability to use) any site to which you hyperlink from our site
Failure of performance
Delay in operation or transmission
(2) Keep in mind that we are not liable for any damages, including:
Damages intended to compensate someone directly for a loss or injury
Damages reasonably expected to result from a loss or injury (legally, "consequential damages")
Other miscellaneous damages and expenses resulting directly from a loss or injury (legally, "incidental damages")
(3) Furthermore, we are not liable even if we've been negligent or if our authorized representative has been advised of the possibility of such damages or both.
(4) In any event, our liability to you for all losses, damages, injuries, and claims of every kind (whether the damages are claimed under the terms of a contract, or they're claimed to be caused by negligence or other wrongful conduct, or they're claimed under any other legal theory) will not be greater than the amount you paid to access our sites.
The materials in our sites are provided as is. This means that (subject to the exception below) Poolz.com disclaims all express and implied warranties about the material in the sites. This includes (but is not limited to) warranties:
That the material is of any particular level of quality or fit for a particular purpose
That the functional elements contained in the materials will be uninterrupted or error-free
That defects will be corrected
That our sites or the servers that makes them available are free of viruses or other harmful components
In addition to the above, you (and not Poolz.com) assume the entire cost of all necessary servicing, repair or correction.
We sometimes provide access to other World Wide Web sites from our sites. But we don't endorse or approve any products or information offered at sites you reach through our site. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Poolz.com Canada-operated site or have moved to another site.
Unless otherwise specified, the materials in our sites are presented to provide information about Poolz.com Canada and its products. We in no way imply that the materials on the sites are appropriate or available for use outside of Canada. If you use our sites from locations outside of Canada, you are responsible for compliance with any applicable local laws.
TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Dareba sites, along with all related documentation and all copies and installations. Dareba may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web sites, we do not in any way promise that the materials will remain available to you. And Dareba is entitled to terminate all or part of any of its Web sites at any time, without notice to you.
MISCELLANEOUS POINTS ABOUT THIS USER AGREEMENT
This agreement shall be governed by and interpreted according to the laws of Canada and Ontario, as applicable (without applying conflict-of-law principles). If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. Dareba may modify this agreement at any time, simply by updating this posting and without notice to you. This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.