An Introduction to Pool Guide’s Terms of Service
Welcome to Pool Guide! Here is a quick summary of the highlights of our Terms of Service:
- Our mission is to share and grow the world’s knowledge. The Pool Guide platform offers a place to ask questions and connect with people who contribute unique insights and quality answers. This empowers people to learn from each other and to better understand the world.
- You own the content that you post; you also grant us and other users of the Pool Guide platform certain rights and license to use it. The details of these licenses are described in section 3(c) below.
- You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party or any applicable laws.
- You can repost content from Pool Guide elsewhere, provided that you attribute the content back to the Pool Guide platform and respect the rights of the original poster, including any “not for reproduction” designation, and do not use automated tools.
- We do not endorse or verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the Pool Guide platform. Posts from lawyers, doctors, and other professionals should not be treated as a substitute for professional advice for your specific situation.
- You agree to alternative dispute resolution. You agree to attempt initially to resolve matters cooperatively with us and, if that fails, to use individual arbitration, except in limited situations.
- We offer tools for you to give feedback and report complaints. If you think someone has violated your intellectual property rights, other laws, or Pool Guide’s policies, you can initiate a report or contact us.
We are pleased that you want to join the Pool Guide platform and encourage you to read the full Terms of Service.
Pool Guide Terms of Service
Welcome to Pool Guide! Pool Guide is a platform to gain and share swimming pool knowledge with a community of pool professionals and pool owners.
These terms of service (“Terms of Service”) set forth the agreement (“Agreement”) between you and Pool Guide, Inc. (“Pool Guide” “we” or “us”). It governs your use of the products and services we offer through our websites and applications (collectively the “Pool Guide Platform”).
Please make sure to read it, because, by using the Pool Guide Platform, you consent to these Terms of Service.
IMPORTANT ARBITRATION NOTICE: IF YOU ARE IN THE UNITED STATES OR CANADA, YOU AGREE THAT DISPUTES BETWEEN YOU AND Pool Guide WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW IN SECTION 10.
- The Mission of the Pool Guide Platform
Pool Guide’s mission is to share and grow the world’s pool knowledge. The Pool Guide Platform is a place to ask questions and connect with people who contribute unique insights and quality answers. This empowers people to learn from each other and to better understand the world.
- Using the Pool Guide Platform
- Who Can Use It. Use of the Pool Guide Platform by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use. If you are accepting these Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement.
- Termination. You may close your account at any time by going to account settings and disabling your account. We may terminate or suspend your Pool Guide account if you violate any Pool Guide policy or for any other reason.
- Changes to the Pool Guide Platform. We are always trying to improve your experience on the Pool Guide Platform. We may need to add or change features and may do so without notice to you.
- Feedback. We welcome your feedback and suggestions about how to improve the Pool Guide Platform. Feel free to submit feedback to us through our contact form. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.
- Your Content
- Definition of Your Content. The Pool Guide Platform enables you to add posts, texts, photos, videos, links, and other files and information about yourself to share with others. All material that you upload, publish or display to others via the Pool Guide Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Pool Guide Platform, Your Content may be viewed by the general public.
- Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below.
- License and Permission to Use Your Content.
- By submitting, posting, or displaying Your Content on the Pool Guide Platform, you grant Pool Guide and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the Pool Guide Platform or the promotion, advertising or marketing of the Pool Guide Platform or our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that this license includes the right for Pool Guide to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with Pool Guide for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the Pool Guide Platform or through other media or distribution methods. This license also includes the right for other users of the Pool Guide Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service. Except as expressly provided in these Terms of Service, this license will not confer the right for you to use automated technology to copy or post questions and answers or to aggregate questions and answers for the purpose of making derivative works. If you do not wish to allow your answers to be translated by other users, you can globally opt out of translation in your profile settings or you can designate certain answers not for translation.
- Once you post an answer to a question, you may edit or delete your answer at any time from public display on https://www.Pool Guide.com, except in the case of anonymously posted answers. However, we may not be able to control removal of the answer from display on syndicated channels or other previously distributed methods outside of https://www.Pool Guide.com. Pool Guide may remove suspected spam from your answers. Once you post a question, it may be edited or deleted by other users or by Pool Guide at any time. Any edits and changes made by you may be visible to other users. The right for Pool Guide to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.
- You acknowledge and agree that Pool Guide may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Pool Guide, its users, or the public.
- You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
- You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the Pool Guide Platform or in violation of our Terms of Service.
- Our Content and Materials
- Definition of Our Content and Materials. All intellectual property in or related to the Pool Guide Platform (specifically including, but not limited to our software, the Pool Guide marks, the Pool Guide logo, but excluding Your Content) is the property of Pool Guide, Inc., or its subsidiaries and affiliates, or content posted by other Pool Guide users licensed to us (collectively “Our Content and Materials”).
- Data. All data Pool Guide collects (“Data”) about use of the Pool Guide Platform by you or others is the property of Pool Guide, Inc., its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
- Our License to You.
- We grant you a personal, limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the Pool Guide Platform in connection with your use of the Pool Guide Platform, subject to the terms and conditions of this Agreement.
- Pool Guide gives you a worldwide, royalty-free, revocable, personal, non-assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web, subject to these Terms and Conditions and provided that: (a) the content in question was added to the Pool Guide Platform after April 22, 2010; (b) the user who created the content has not explicitly marked the content as not for reproduction on the Pool Guide Platform; (c) you do not modify the content; (d) you attribute Pool Guide by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on https://Pool Guide.com on every page that contains Our Content and Materials; (e) upon request, either by Pool Guide or a user, you remove the user’s name from content which the user has subsequently made anonymous; (f) upon request, either by Pool Guide or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the Pool Guide Platform; and (g) upon request, either by Pool Guide or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the Pool Guide Platform; (h) you don’t republish more than a small portion of Our Content and Materials; (i) you do not use any automated tools to aggregate or create derivative works. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by Pool Guide, or any Pool Guide user, without separate, express prior written permission from us.
- We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the Pool Guide Platform or to remove content. Except for the rights and license granted in these Terms of Service, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
- Permitted uses. If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the Pool Guide Platform, subject to the following additional rules: i) you must use a descriptive user agent header; ii) you must follow robots.txt at all times; iii) your access must not adversely affect any aspect of the Pool Guide Platform’s functioning; and iv) you must make it clear how to contact you, either in your user agent string, or on your website if you have one. You represent and warrant that you will not use any automated tools such as artificial intelligence or machine learning i) to create derivative works of Our Content and Materials; ii) to create any service competitive to the Pool Guide Platform; or iii) for other commercial purposes except as expressly permitted by these Terms of Service or the written consent of Pool Guide.
- No Endorsement or Verification. Please note that the Pool Guide Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the Pool Guide Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Pool Guide Platform by anyone.
- Ownership. You acknowledge and agree that Our Content and Materials remain the property of Pool Guide’s users or Pool Guide. The content, information and services made available on the Pool Guide Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
- More About Certain Offerings on the Pool Guide Platform
- Advertisements. The Pool Guide Platform may include advertisements, which may be targeted to content or information on the Pool Guide Platform, queries made through the Pool Guide Platform, or other information, in an effort to make them relevant to you. The types and extent of advertising by Pool Guide are subject to change. In consideration for Pool Guide granting you access to and use of the Pool Guide Platform, you agree that Pool Guide and its third-party providers and partners may place such advertising on the Pool Guide Platform. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the Pool Guide Platform.
- Legal, Medical & Other Professional Contributors. Some users who post content are members of legal, medical, and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. Pool Guide has provided certain disclaimer template language that Professional Contributors may edit and incorporate in their answers. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.
- Buttons, Links and Widgets. You have permission to use Pool Guide’s buttons, links, and widgets, subject to these Terms of Service (including the disclaimers and limitations of liability) and provided that: (a) your use of such buttons, links and widgets link only to the Pool Guide Platform; (b) you will not modify such buttons, links, or widgets or associated code in any manner; (c) you will not use any such buttons, links, or widgets in any manner which implies or suggests that Pool Guide endorses, sponsors, or recommends the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate Pool Guide’s policies.
- Web resources and third-party services. The Pool Guide Platform may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such websites or resources.
- Services that Require Separate Agreement. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.
- Reporting Violations of Your Intellectual Property Rights, Pool Guide Policies, or Applicable Laws. We have a special process for reporting violations of your intellectual property rights or other violations of Pool Guide policies or applicable laws.
- Copyright Policy and Trademark Policy. We have adopted and implemented a copyright policy and a trademark policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the Pool Guide Platform infringes your intellectual property rights, please contact us for content removal. We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies and applicable law.
- DISCLAIMERS AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Pool Guide ENTITIES TO YOU.
“Pool Guide ENTITIES” MEANS Pool Guide, INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- WE ARE PROVIDING YOU THE Pool Guide PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Pool Guide ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- Pool Guide MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE Pool Guide PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE Pool Guide PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. Pool Guide MAKES NO WARRANTY THAT: (a) THE Pool Guide PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE Pool Guide PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE Pool Guide PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE Pool Guide PLATFORM WILL BE SATISFACTORY.
- YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, Pool Guide ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, Pool Guide ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE Pool Guide PLATFORM.
- YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE Pool Guide PLATFORM IS TO STOP USING THE Pool Guide PLATFORM.
- WITHOUT LIMITING THE FOREGOING, Pool Guide’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE Pool Guide PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO Pool Guide IN CONNECTION WITH THE Pool Guide PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
- SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING SECTIONS 8(c), 8(d), AND 8(e) WILL NOT APPLY TO A RESIDENT OF NEW JERSEY, TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF Pool Guide’S NEGLIGENT, FRAUDULENT, RECKLESS, OR INTENTIONAL MISCONDUCT.
You agree to release, indemnify, and defend Pool Guide Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the Pool Guide Platform, ii) Your Content, iii) your conduct or interactions with other users of the Pool Guide Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
- Legal Disputes and Arbitration Agreement for users in the United States and Canada
Please Read the Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
- Initial Dispute Resolution. We are available by email at support@Pool Guide.com
and by regular post at Pool Guide, Inc., PO BOX 278 Pilot Hill, CA 95664 to address any concerns you may have regarding your use of the Pool Guide Platform. Most concerns may be quickly resolved in this manner. The parties agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations with us, before initiating a lawsuit or arbitration.
- Agreement to Binding Arbitration. If an agreed upon solution is not reached through informal dispute resolution as outlined above within a period of thirty (30) days pursuant to the initial dispute resolution procedure provided in Section 10(a) above, then either party may initiate binding arbitration to formally resolve claims, subject to the terms and exclusion set forth below. All claims arising out of or relating to these Terms of Service (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Pool Guide Platform will be finally settled by binding arbitration administered by AAA, in accordance with the AAA Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties will select a single neutral arbitrator in accordance with the AAA Consumer Arbitration Rules. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. Either party may elect to appear at the arbitration by phone or, if mutually agreed, to conduct it online, in lieu of appearing live. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be in writing and provide a statement of the essential findings and conclusions, will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service will be subject to the Federal Arbitration Act.
- Rules. The AAA rules governing the arbitration may be accessed at https://www.adr.org/
. Each party will be responsible for its arbitration fees as set forth in the AAA Consumer Arbitration Rules. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
- Class Action and Class Arbitration Waiver. The parties each further agree that any arbitration will be conducted in our respective individual capacities only and not as a class action or other representative action, and each expressly waives its respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 10(b) will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes.
- Exception: Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and on an individual (non-class) basis only.
- Exception: Intellectual Property and Content Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, this binding arbitration section does not apply to disputes relating to either party’s intellectual property rights (trademark, copyright, patent, and trade secret) or violations of Pool Guide’s Acceptable Use Policy. For further clarification, disputes relating to your privacy rights are not excepted from this binding arbitration section.
- 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 10(b) and 10(c) by sending written notice of your decision to opt-out by emailing us at legal@Pool Guide.com
The notice must be sent within thirty (30) days of registering to use the Pool Guide Platform, otherwise you will be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.
- Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 10(b) do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them must be filed exclusively in state or federal courts located in El Dorado County, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in El Dorado County, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
- Initial Dispute Resolution. We are available by email at support@Pool Guide.com
- General Terms
- Changes to these Terms of Service. We may amend this Agreement and others on this website at any time, in our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of notification could include, for example, via email, posted notice on the Pool Guide Platform, or other manner. You can view the Agreement and our main policies at any time. Your failure to cancel your account, or cease use of the Pool Guide Platform, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the Pool Guide Platform.
- Use Outside of the United States. Pool Guide expressly disclaims any representation or warranty that the Pool Guide Platform complies with all applicable laws and regulations outside of the United States. If you use the Pool Guide Platform outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Pool Guide Platform.
- Export. The Pool Guide Platform is controlled and operated from our United States offices in California. Pool Guide software is subject to United States export controls. No software for Pool Guide may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.
- Applications and Mobile Devices. If you access the Pool Guide Platform through a Pool Guide application, you acknowledge that this Agreement is between you and Pool Guide only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Pool Guide Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
- Survival. The following provisions will survive expiration or termination of this Agreement: Section 2(e)(Termination), 2(g)(Feedback), Section 3(Your Content), Section 4(a)-(b) and (d)-(f)(Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), Sections 10 (Legal Disputes and Arbitration Agreement), and Section 11 (General Terms).
- Notice for California Users. Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Pool Guide Platform is provided by Pool Guide, Inc., located in Pilot Hill California. If you have a question or complaint regarding the Pool Guide Platform, please contact Pool Guide at support@Pool Guide.com. California residents may reach the Department of Consumer Affairs Consumer Information Division at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
- Government End Users. Any Pool Guide software and related documentation are “Commercial Items,” as that term is deﬁned at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to this Agreement.
- Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
- Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
- Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Pool Guide Platform and constitutes the entire agreement between you and us regarding the Pool Guide Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
- Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
- Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via legal@Pool Guide.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
- Relationship. This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
- Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
- Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
- Contact. Feel free to contact us through our contact form with any questions about these terms.
PO BOX 278
Pilot Hill, CA 95664