New Wave Pools.com USER AGREEMENT
This Agreement is a legal agreement between you and New Wave Pools,LLCregarding your use of our web site and subsequently you are agreeing to the terms and conditions included in this Agreement (the “Terms of Service”).
1. New Wave Pools Services
This agreement covers your use of New Wave Pools Services on this site only. Your use of services on other sites will be covered by separate agreements. Our Services are available only to individuals who can form legally binding contracts under applicable law, and therefore, excludes minors.
2. Use of the Services
You may use the Services for personal and business purposes. However, you may not sell, lease or resell the services to or on behalf of any other party. In addition, you may not use, or permit to be used, New Wave Pools Services in violation of any applicable law, regulation or policy, or in violation of any third parties’ rights.
3. Terms and Conditions of Use
(a) Agreement to Terms. By using the information, services and products available through new-wave-pools.com you are agreeing to the terms and conditions contained herein.
(b) Modification. New Wave Pools,LLC reserves the right to modify the Terms of Service at any time, and such modifications shall be effective immediately upon the earlier of posting of the modified Terms of Service or by e-mail notification to you.
(c) You agree to review these Terms of Service periodically to be aware of such modifications, and your continued access or use of this web site shall be deemed your acceptance of the modified Terms of Service.
(d) You agree that these standards for notice of changes are reasonable.
(e) You acknowledge and agree that New Wave Pools or its affiliates may deny you access to or use of all or part of this web site without prior notice if you engage in any conduct or activities that New Wave Pools,LLC in its sole discretion believes violates any of these Terms of Service.
4. Your Information
(a) By giving us your email address, you are certifying in this Agreement that you have the right to use your email address.
(b) By providing information to us via this web site (such as feedback, data, comments, questions, suggestions, plans or ideas), you agree that such information shall be non confidential and that New Wave Pools shall have unlimited rights to (or not to): use, distribute, reproduce, and disclose such information as New Wave Pools deems appropriate, without compensation or acknowledgement of its source. New Wave Pools shall be free to use any ideas, concepts, know-how or techniques contained in information you provide New Wave Pools through the web site.
(c) In exchange for use of this web site, you agree that any information you submit to us will be current and complete and will not violate the rights of any third parties, and you agree to defend, indemnify, and hold harmless New Wave Pools,LLC, its affiliates and content suppliers, and their successors against any claims by third-parties alleging facts in breach of these representations.
(d) While New Wave Pools will not knowingly divulge your email address or any other personal information to outside parties, you agree that New Wave Pools will not be liable for acquisition or use of your information by any third party without New Wave Pools’s knowledge or consent. In turn, you agree that New Wave Pools will not be liable for the acquisition or use of personal information about you that is not under our control.
(a) New Wave Pools has and shall retain all right, title and interest in and to any software or technology used in providing the Services, and all intellectual property rights therein.
(b) All content included on this web site, including text, graphics, logos, buttons, icons, and images, is the property of New Wave Pools or its affiliates, content suppliers, or other license, with ownership as indicated by specific copyright and trademark notices and/or context, and is protected by U.S, and international copyright and trademark laws.
6. Consumer Information
The consumer information contained here is intended, in part, to alert the reader to pertinent issues regarding this site. The information contained herein is not intended as a substitute for professional consultation. If professional assistance is required, the services of a competent professional person should be sought.
(a) The availability of the Services depends on many factors, including your connection to the Internet, the availability of the New Wave Pools web site or services, and equipment that is not, by its nature, fault tolerant.
(b) THE SERVICES ARE PROVIDED “AS IS”. NO WARRANTIES ARE PROVIDED, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE AVAILABILITY OR USE OF THE SERVICES, PERFORMANCE OF THE SITE, RESULTS OBTAINED OR OPERATION WITHOUT INTERRUPTION, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, THE TRANSMISSION, STORAGE OR USE OF YOUR INFORMATION, OR ANY PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES.
(c) New Wave Pools AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES, AVAILABILITY AND USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, FREEDOM FROM COMPUTER VIRUS, AND ANY TRANSMISSION OR USE OF YOUR INFORMATION.
(d) New Wave Pools and its affiliates and content suppliers reserve the right to alter or delete the products, services and information available from this web site at any time.
(e) The information contained in this World Wide Web site is provided for informational purposes only. While New Wave Pools has tried to provide accurate and timely information1 there may be inadvertent inaccuracies and typographical errors. We reserve the right to make changes and corrections at any time, without notice.
(f) New Wave Pools does not warrant the accuracy, completeness or usefulness of the information, text, links or other items contained on this web site and New Wave Pools expressly disclaims liability for errors or omissions in these materials.
(g) New Wave Pools makes no commitment to update the information contained on the web site.
(h) Third party web sites listed as hypertext links herein are not under the control of New Wave Pools. Accordingly, New Wave Pools can make no representation concerning the content of these web sites nor can the fact that New Wave Pools has included this link serve as an endorsement by New Wave Pools of any of these web sites.
All trademarks, company names, and product names are the property of their respective owners.
The content of this web site, including but not limited to the text and images herein and their arrangement are copyright 2015 Association of Pool and Spa Professionals. All Rights Reserved. Certain images herein are owned by and have been provided by our members and are used with permission. Please contact us if you are interested in receiving permission for commercial or non-commercial use of any of the images or content herein.
10. Limitation of liability
In no event will New Wave Pools, its suppliers, licensees or affiliates be liable for any indirect, incidental, special, exemplary or consequential damages that result or arise out the services, the availability or use of the services, any information or products obtained or derived through use of the services, any other products or services used in conjunction with the services, or any transmission or use of your information, in no event shall New Wave Pools’s, its suppliers’ or its lincensees’ aggregate liability to customer or any party arising out of this agreement exceed one hundred dollars ($100).
(a) You agree to indemnify, defend and hold harmless New Wave Pools its affiliates, officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from your use of this web site and the Services provided under this Agreement, the violation of these terms and conditions by you, or the infringement by you, or other users of the web site through the use of your computer or your infringement of any intellectual property or other right of any person or entity.
(b) New Wave Pools reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. Termination of Service
(a) New Wave Pools may terminate this Agreement and the Services at any time and for any reason, but until that time it remains in full force and effect.
(b) These terms are effective for the duration of your use of the site until terminated by New Wave Pools.
(c) The terms of this Section and Sections 4, 5, 7,10 and 11 will survive any termination of this Agreement.
(a) Entire Agreement. This Agreement constitutes the entire agreement between you and New Wave Pools with respect to the Services and supersedes all other agreements, contemporaneous and prior, between you and New Wave Pools with respect to the Services.
(b) Non-waiver. New Wave Pools’s failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right.
All Rights Reserved
New Wave Pools collects cookies on our Web site to capture information about page visits. This information is anonymous and New Wave Pools uses this information only internally – to deliver the most effective content to our visitors. Information from the cookies is used to gauge page popularity, analyze traffic patterns on our site and guide development of other improvements to our site. New Wave Pools does not require that you accept cookies, however, some functionality on our Web site, our product or service check-out process, and products and services may be disabled if you decline to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. You may also change your cookie settings through preferences options in our products and/or services, where applicable. New Wave Pools never gives away information about our users. If you choose to e-mail us and provide personally identifiable information about yourself, New Wave Pools will use this information only to respond to your inquiry. New Wave Pools will not sell, rent or otherwise disclose that information to third parties unless such disclosure is necessary for the purposes set forth in this Policy, by law or a policy or notice contained or associated with a specific New Wave Pools product or service.