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Conditions of Use

THESE TERMS DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES IN CONJUNCTION WITH YOUR USE OF THIS SITE. PLEASE READ IT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY OPENING ANY PAGES OF THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS, JUST AS IF YOU HAD SIGNED THEM. YOU ALSO CONSENT TO THE COLLECTION AND USE OF INFORMATION AS SET FORTH IN GREATER DETAIL IN OUR PRIVACY POLICIES (SEE "PRIVACY POLICY" BELOW). SHOULD YOU DECIDE TO PURCHASE ADVERTISING ON THE SITE, YOU WILL BE BOUND BY SEPARATE AND ADDITIONAL TERMS AND CONDITIONS.

1. Restrictions on Use

EMINENCE POOLS grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the "Content") on the Site solely for your personal, non-commercial use. EMINENCE POOLS may revoke such privilege at any time with or without notice for any reason or no reason. Any and all Content, software and other works on the Site and any reproductions of any of the foregoing (collectively, "Works") are the proprietary intellectual property of EMINENCE POOLS and/or its suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the Content set forth above, EMINENCE POOLS grants you no other privileges or rights in any of the Works. You may only use the Site, the Content and the Works for personal, non-commercial purposes. Any commercial use of the site is strictly prohibited. You acknowledge that any other use of the Site, the Content or the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of EMINENCE POOLS, which may be withheld in its sole discretion, is strictly prohibited.

2. Third Party Web Sites

EMINENCE POOLS may from time to time provide links and pointers on the Site to web sites maintained by third parties ("Third Party Sites") and may from time to time provide third party material on the Site. These Third Party Sites and third party materials are provided as a convenience only. EMINENCE POOLS has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and EMINENCE POOLS is not responsible for any information provided at any Third Party Sites. EMINENCE POOLS makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that EMINENCE POOLS has provided a link to any Third Party Site on the Site does not constitute an endorsement, authorization, sponsorship or affiliation by EMINENCE POOLS with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. EMINENCE POOLS expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, any Third Party Site.

3. Timeliness of Information

All press releases and other information contained on the Site were, to the best of EMINENCE POOLS's knowledge, timely and accurate when issued. However, the passage of time may render certain information incomplete or inaccurate. EMINENCE POOLS is not responsible for any misconceptions which may result from the reading of dated material. You should carefully check the dates of issuance of the information contained on the Site.

4. Adult Usage

The Site is intended to be used by persons that are at least 18 years old. If you are younger than 18 years old, you may not access the Site or order products or services from EMINENCE POOLS via the Site. If you are a parent or other person charged with the care of persons younger than 18 years old, you agree to restrict access to the Site through your computers to persons who are at least 18 years old. If one of your children accesses the Site and provides EMINENCE POOLS with personally identifiable information, please contact us at office@eminencepools.com. EMINENCE POOLS will use reasonable efforts to delete all personally identifiable information regarding your child from its databases.

5. Privacy Policy

EMINENCE POOLS respects the privacy of its users, and has created a Privacy Policy that explains users' rights and responsibilities with respect to personal information disclosed on the Site. Read EMINENCE POOLS's Privacy Policy for its corporate Site.

6. Disclaimer of Warranties

YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. EMINENCE POOLS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, REGARDING CONTENT, THE SITE, AND THE PRODUCTS AND SERVICES PROVIDED BY THE SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF AVAILABILITY, NON-INTERCEPTION, FREEDOM FROM VIRUSES, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THIS SECTION REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN EMINENCE POOLS AND YOU.

7. Limitation of Liability

EMINENCE POOLS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. UNDER NO CIRCUMSTANCES SHALL EMINENCE POOLS, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED THEREON. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, EMINENCE POOLS'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS AND/OR PURCHASE PRODUCTS THROUGH THE SITE.

8. Indemnification

You agree to indemnify, defend (at EMINENCE POOLS's sole option) and hold harmless EMINENCE POOLS and its directors, officers, employees and agents from and against any and all claims, actions and proceedings and any and all costs, fees (including without limitation reasonable attorney fees), expenses, settlements, and judgments that result from your breach of these Terms or your access to and use of the Site.

9. Trademarks

Each of the Site URLs as well as EminencePools.com and all page headers, custom graphics, logos, and button icons are service marks, trademarks and/or trade dress (collectively, the "Marks") of EMINENCE POOLS or its licensor. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from EMINENCE POOLS. Without limiting the generality of the foregoing, EMINENCE POOLS specifically prohibits the use of any Mark as a "hot" link to any Site unless the establishment of such a link is approved in advance by EMINENCE POOLS in writing. Failure to obtain such approval shall entitle EMINENCE POOLS to seek an injunction enjoining such use. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.

10. Information Provided by Third Parties; Feedback

Certain parts of the Site may contain information, recommendations and advice regarding various topics as provided by third parties. Any information provided on the Site is of a general nature and is designed for educational purposes only.

All remarks, suggestions, ideas, graphics, or other information communicated to EMINENCE POOLS through this site (together, the "Submission") will forever be the property of EMINENCE POOLS. EMINENCE POOLS will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future EMINENCE POOLS operations. Without limitation, EMINENCE POOLS will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. EMINENCE POOLS will be entitled to use the Submission (including, without limitation, an edited version of the Submission) for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not EMINENCE POOLS, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

11. Compliance

EMINENCE POOLS makes no representation or claims that any information on the Site is appropriate or may be downloaded outside the United States of America. Access to the Site and to any information thereon may not be legal by certain persons or in certain countries. If you access the Site from outside the United States of America, you do so at your own risk of liability under the laws of the United States or of your jurisdiction.

12. Miscellaneous

These Terms, together with our Privacy Policy and any other agreement that may be entered into by you and EMINENCE POOLS in connection with a specific product or service of EMINENCE POOLS, constitute the entire agreement between you and EMINENCE POOLS and supersedes any and all other agreements, representations and understandings, whether written or oral. These Terms may not be modified or amended by you without the prior written consent of EMINENCE POOLS. EMINENCE POOLS may modify or amend these Terms and the Privacy Policy at any time without notice to you. You should regularly review these Terms for any modifications or amendments to these Terms as your continued use of the Site after a modification or amendment signifies your assent and agreement to these Terms, as amended. If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, then, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. These Terms and your use of the Site and any products and services provided by the Site shall be governed by the laws of the United States of America and the State of New Jersey, without giving effect to its conflicts of law principles. The parties agree that the state courts and Federal District Courts located in or serving New Jersey shall have exclusive jurisdiction over any and all claims, disputes or other controversies relating to or arising from these Terms or your use of the Site or any products and services provided by the Site. The parties hereby expressly consent to the exercise of jurisdiction over them by such courts. To the fullest extent permitted by applicable law, each party to these Terms waives its, his, or her right to a jury trial with respect to any action brought under or in connection with these Terms. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms.

 

By using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site.