These Terms and Conditions of Use (“Terms”) are a legal contract between Eminence Pools, and you, the user accessing or using Eminence Pools web Sites.
Notice and Disclaimer
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 Sites solely for your personal, noncommercial use. Eminence Pools may revoke such privilege at any time with or without notice for any reason or no reason. Any content, software, and other works on the Sites and any reproductions of any of the preceding (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 the Content set forth above, Eminence Pools grants you no other privileges or rights in any of the Works. You may only use the Sites, the Content, and the Works for personal, noncommercial purposes. Any commercial use of the sites is strictly prohibited. You acknowledge that any other use of the Sites, 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.
Third-Party Web Sites
Eminence Pools may, from time to time, provide links and pointers on the Sites to websites maintained by third parties (“Third Party Sites”) and may from time to time provide third-party material on the Sites. These Third Party Sites and third-party materials are provided as a convenience only. Eminence Pools has not reviewed, operated, or controlled any information, products, or services available on Third-Party Sites. 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. The fact that Eminence Pools has provided a link to any Third-Party Site does not constitute an endorsement, authorization, sponsorship, or affiliation concerning such Third Party Site or its owners, 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.
Timeliness of Information
To the best of Eminence Pools’ knowledge, all press releases and other information contained on the Sites were 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. Therefore, you should carefully check the dates of issuance of the information contained on the Sites.
The Sites are 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 Sites or order products or services from Eminence Pools via the Sites. 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 Sites through your computers to persons who are at least 18 years old. If one of your children accesses the Sites and provides Eminence Pools with personally identifiable information, please contact us at [email protected] Eminence Pools will use reasonable efforts to delete all personally identifiable information regarding your child from its databases
Disclaimer of Warranties
YOUR USE OF THE SITES IS SOLELY AT YOUR OWN RISK. EMINENCE POOLS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING CONTENT, THE SITES, AND THE PRODUCTS AND SERVICES PROVIDED BY THE SITES, 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.
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 AND 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 SITES OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED THEREON. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, EMINENCE POOLS’ 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 SITES
You agree to indemnify, defend (at Eminence Pools’ 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’s fees), expenses, settlements, and judgments that result from your breach of these Terms or your access to and use of the Sites.
Each of the Site URLs 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 using 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.
Information Provided by Third Parties; Feedback
Certain of the Sites contain information, recommendations, and advice regarding various topics provided by third parties. Any information provided on the Sites 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 another 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 complete responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
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 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.
These Terms, together with our Privacy Policies 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 alter or amend these Terms and the Privacy Policies 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 Sites after a change or amendment signifies your assent and agreement to these Terms, as amended. If any clause or provision outlined 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 unlawful, invalid, or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. These Terms and your use of the Sites and any products and services provided by the Sites shall be governed by the laws of the United States of America and the Commonwealth of Pennsylvania, without giving effect to its conflicts of laws principles. The parties agree that the state courts and Federal District Courts located in or serving Philadelphia County, Pennsylvania 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 Sites or any products and services provided by the Sites. 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 their right to a jury trial concerning any action brought under or in connection with these Terms. The headings used in these Terms are for convenience only, and such titles are not to be used in determining the meaning or interpretation of these Terms.
By using the pages on this Site, you agree to these terms and conditions. If you disagree, you should not use this Site.