1. YOUR ACCEPTANCE
Welcome to ohiopools.com (the “Site”). The Site and any modifications of the Site are offered to you by Ohio Pools and Spas (“we”, “us”, “our” ), under the terms and conditions of this Terms of Service Agreement (the “Terms of Service”). Any new features made available to you by us that augment, enhance or modify the current Site will also be subject to the terms and conditions of these Terms of Service. PLEASE READ THE TERMS OF SERVICE CAREFULLY; BY VIEWING, BROWSING, ACCESSING OR USING THIS SITE AUTOMATICALLY OR OTHERWISE, YOU AGREE TO ACCEPT AND BE LEGALLY BOUND BY THE TERMS OF SERVICE, AND REPRESENT TO US THAT YOU HAVE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE. Because the Site is constantly evolving, we may change these Terms of Service occasionally. The changes will appear in an updated version of the Terms of Service appearing on the Site. You are responsible for regularly viewing the Terms of Service. Your subsequent viewing, browsing, accessing or use of the Site constitutes your acceptance of any changes in the Terms of Service.
B. Some features and services on the Site may require a user name and password for access. You are responsible for maintaining the confidentiality of your password and for use of the Site under your user name, password or account (whether by you or others). If you become aware of any unauthorized use of your user name, password, or account, you agree to notify us immediately by sending a request to Customer Service.
3. OUR CONTENT AND INTELLECTUAL PROPERTY RIGHTS
A. Content on the Site. The Site may contain or provide information, graphics, images, photographs, icons, designs, news, editorials, weather, critiques, recommendations, tips, press releases, brochures, documents, text, data (including but not limited to accounting, financial, legal, medical, and health and beauty), advertisements, video, audio, music, feeds, services, software technology, and other materials (the “Content”). This Site is solely for your personal, non-commercial use. The Content may be changed, updated or removed without notice. We may also make improvements and/or changes in the products, services and/or the programs described in this Content at any time without notice.
B. Our Limited License to You. All of the Content displayed on, transmitted through, or used in connection with the Site, including without limitation, trademarks, service marks and copyrighted materials, are our property or the property of our affiliates or licensors, and are protected by copyright, trademark, patent and other intellectual property laws. You may use the Content only for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content only for your personal, non-commercial use, provided you do not remove or modify any trademark, copyright, or other notices contained in that Content. You may not use the Site or the Content in any way that constitutes an infringement of our or our licensors’ intellectual property rights or violation of the privacy rights of others or that we have not specifically authorized in writing. You may not modify, copy, reproduce, republish, upload, post, re-post, transmit, translate, sell, create derivative works based upon, exploit, or distribute the Content in any manner or in any medium without our written authorization. To request permission to use the Content in a way not authorized in writing here or in any additional terms and conditions found on the Site or provided by us, please contact *protected email*.
C. No Advice. You acknowledge that (i) no Content, Submissions (defined below), advice or other information, whether oral or written, obtained by you from us or through the Site will create any warranty, and (ii) it is unreasonable to rely on such Content, Submissions, advice or information without an independent verification. Do not rely on them for decisions that affect your health, property, livelihood, finances or business decisions. No business, accounting, financial, legal, medical or tax advice or counsel is given, nor shall it be deemed to have been given by us. You should always seek the assistance of a professional for advice on these matters.
4. USER SUBMISSIONS
A. Submissions. The Site may include various features and services, such as bulletin boards, chat rooms, blogs, Web logs, discussion forums, feedback, bulletin board services, news groups, questionnaires, surveys, and other communication facilities or interactive areas, designed to provide you with forums in which to express your opinions and submit and share ideas, information, and materials, including, without limitation, data, text, files, links, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, music, classifieds, obituaries, events, calendars, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information (collectively, “Submissions”). You are responsible for the Submissions you post on our Site. We are not responsible for the Submissions that you or other users post on the Site. We are not obligated to, and we do not, monitor, pre-screen or pre-approve the interactive areas of the Site. However, we reserve the right to edit, remove, or to refuse to post, any Submission, in whole or in part, for any or no reason, including, but is not limited to, any Submission that violates the Terms of Service or is otherwise objectionable, in our sole discretion. Because of the volume, we may not post all Submissions that we receive.
B. Your License to Us. You retain all of your ownership rights in your Submission. However, by submitting any Submissions to us or to or through the Site, you grant to us, and to our sublicensees, an unrestricted, worldwide, royalty-free, transferable, sublicensable, non-exclusive, perpetual, and irrevocable right and license, without the requirement of any permission from or payment (or other consideration) to you or to any other person or entity, to use, re-use, reproduce, transmit, print, publish, modify, edit, alter, create derivative works based upon, display, exhibit, publicly perform, distribute, re-distribute, host, store, cache, archive, index, categorize, comment on, broadcast, stream, adapt, and translate the Submissions and any ideas, concepts, know-how or techniques contained in or conveyed by the Submissions, in whole or in part, in any and all formats and channels now known or hereafter developed (including, without limitation, on other ICS Communication Web sites, on third party Web sites, in our print publications, on our broadcast and cable networks and stations, and on our broadband and wireless platforms, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution services. In addition, you hereby grant us and our sublicensees the right, on an unrestricted, worldwide, royalty-free, non-exclusive, perpetual and irrevocable basis, to reproduce and use your name, likeness, image and voice (together with all trademark rights therein) on or in connection with the use of the Submission and in any and all promotion or advertising material related thereto.
C. Not Confidential. You understand that all Submissions you transmit to us and the Site will be treated as non-confidential and non-proprietary. You acknowledge that anything you submit to the Site by way of any Submissions is routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such Submission. You acknowledge that the Submissions and features on the Site are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a forum or blog, that information can be collected and used by people you do not know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You understand that we may publish your username in connection with any Submission. If you use your legal name as your username, then your legal name may be published.
D. No Fiduciary Relationship. You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users.
E. No Guarantee of Accuracy, Integrity or Quality of Submissions. We do not control, and are not responsible for, and do not guarantee the accuracy, integrity or quality of, the Submissions made available through this Site. By using this Site, you may be exposed to Submissions that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using this Site, you agree to accept such risks and you agree that we are not responsible for the acts or omissions of users on this Site. We may now or in the future provide you a mechanism or click button to allow you to report any Submission you may find objectionable. But please understand that in so doing we do not guarantee that any such Submission will be removed, edited or deleted, and we are not responsible or liable for our refusing or failing to remove, edit or delete a Submission you find objectionable. You agree that you must evaluate and bear all risks associated with your use of and reliance on this Site and any of its Submissions. You also agree that under no circumstances will we, Ohio Pools and Spas or any of our affiliated entities be liable in any way for any Submission or for any loss or damage of any kind incurred as a result of the use of any Submission posted, emailed or otherwise made available via this Site.
F. Not Endorsed by Us. You acknowledge that the substance, views and opinions expressed in the Submissions are those of the author or submitting user solely and do not necessarily reflect our, ICS Communications, or our affiliated companies’ views or opinions. You should make your own evaluation of the content, views, and opinions expressed in the Submissions. We, Ohio Pools & Spas, and our affiliated companies are not responsible for and do not endorse, guarantee, or warrant any content, views, opinions, products, advice, recommendations or services referenced, posted or sent by the authors or submitting users through this Site. In fact, we specifically disclaim any and all liability in connection therewith.
G. Links; Embeddable Player. This Site may permit you to link to Submissions on the Site for personal, non-commercial purposes only. In addition, the Site may provide an “Embeddable Player” feature, which you may incorporate into your own personal, non-commercial Web sites for use in accessing the Submissions on the Site, provided that you include a prominent link back to our Site on the pages containing the Embeddable Player. We reserve the right to discontinue any aspect of the Site at any time. The use of the Embeddable Player may be subject to additional terms and conditions.
5. YOUR REPRESENTATIONS
You represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Submissions; (b) your Submissions are your original work and not owned by any other party (or that you are making your Submission with the express consent of the owner of the Submissions); (c) your Submissions are accurate, current and complete; (d) your Submissions, your use of the Site, and the use of the Submissions by us and/or our sublicensees will not infringe or misappropriate any copyright, trademark, service mark, trade secret, patent, or other intellectual property or proprietary rights of any third party, including, but not limited to, rights of privacy or publicity; (e) your Submissions, your use of the Site, and the use of the Submissions by us and/or our sublicensees shall not violate any applicable law or regulation, including, but not limited to, any applicable advertising or fair housing laws or regulations, or cause injury to any person or damage to any property; and (f) your Submissions and your use of the Site will not violate any agreements between you and a third party.
6. PROHIBITED USES OF THE SITE
You agree that in viewing, browsing, accessing or using the Site, you will not:
Post or transmit Submissions or engage in activities that violate or infringe the rights of others, including their rights of privacy and publicity, copyright, trademark, service mark, trade secret, patent or other intellectual or proprietary rights
Post or transmit Submissions or engage in activities that are offensive, vulgar, profane, false, threatening, abusive, libelous, hateful, defamatory, obscene, or indecent in any way, including Submissions or activities that violate, or encourage others to violate, any law
Post or transmit Submissions or other material or engage in activities that promote racism, bigotry, hatred, property damage, or physical harm of any kind against any group or individual, that could be harmful to minors, or that harass or advocate harassment of another person
Post or transmit Submissions that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or provide or creating computer viruses
Post or transmit Submissions that contain restricted or password-only access pages, or hidden pages or images
Post or transmit Submissions that contain a virus or any other harmful component
Publish falsehoods or misrepresentations that could damage us or any third party
Restrict others from using the Site
Attempt to gain unauthorized access to the Site or any of its features by means such as hacking, mining, or other means not intentionally made available through the Site
Misrepresent yourself or your affiliation with any person or entity
Represent that we endorse or support the content of your Submissions
Harvest or otherwise gather other people’s personal information, including names and email addresses, through the Site
Collect Content or other material on the Site using any unauthorized means, including, without limitation, scraping, indexing, “bots,” or other automated methods of gathering content without our express written consent. Notwithstanding the foregoing sentence, unless we indicate otherwise, we grant the operators of public search engines permission to use spiders to copy Content and Submissions from the Site for the sole purpose of creating publicly available searchable indices of the materials. We reserve the right to revoke such permission at any time.
Circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or other material or enforce limitations on use of the Site or any Content or other material therein
Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site
Take any action that imposes an unreasonable or disproportionately large load on our hardware and software infrastructure
Except only in permitted areas of the Site, (a) advertise or solicit users to buy or sell products or services or make any contributions, including, but is not limited to, posting or transmitting chain letters, charity requests, petitions for signatures, spam, and junk mail and (b) use the Site for commercial purposes or engage in commercial activities without our prior written consent, including, but is not limited to, contests, sweepstakes, barter, and pyramid schemes
We reserve the right, but disclaim any obligation or responsibility, to (i) remove any Submission from the Site or Ohio Pools & Spas Web sites that violates these Terms of Service (including, without limitation, this prohibited conduct provision), and (ii) comply with any subpoena, order and otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Site or Ohio Pools & Spas Web sites in violation of the law or alleged to have information related to an investigation. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such Submission and turn all or a portion thereof over to law enforcement officials.
7. LINKING AND FRAMING
We welcome links to the Site. If you operate a Web site, you may include on your Web site a link to this Site, as long as the link does not falsely imply or state that we sponsor, endorse, or are otherwise affiliated with your site. You may not frame this Site, or otherwise incorporate the Content or Submissions into another Web site, without our prior written authorization.
8. THIRD PARTIES
A. Third-Party Web Sites. The Site includes links and pointers to Web sites that are owned, operated, or maintained by third parties. A link from this Site to another Web site does not imply an endorsement or sponsorship of that Web site or anything relating to that Web site. We do not control and are not responsible for any content, advertising, products, services or materials offered on or available from third-party Web sites. We are not responsible for availability of any third-party Web site or any damages you incur or any claims you may have relating to or arising out of a third-party Web site or the content made available on or through it. A third-party site may have privacy policies and terms of service that differ from ours, and we have no liability or responsibility for those policies or terms. If you have any questions or concerns about anything relating to another Web site, please direct your questions or concerns to the operator of that Web site.
B. Purchase of Products and Services from Merchants. The Site may allow you to purchase products and services from third-party merchants. When you deal with one of these merchants, you may be subject to its terms and conditions and policies. For information about a merchant, its products, services, privacy policies, and any other applicable terms and conditions, contact that merchant directly or visit that merchant’s Web site. We are not responsible for any damages that you incur or any claims you may have arising out of your purchase or use of any products or services from, or your dealings with or reliance on, third parties through the Site.
9. USE OF COMPANY DIRECTORIES
The information contained in any company directories that may be provided on the Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.
10. GENERAL DISCLAIMER
THE SITE, THE CONTENT, THE SUBMISSIONS AND ANY INFORMATION, PRODUCTS AND SERVICES OFFERED OR PROVIDED THROUGH THE SITE OR ANY THIRD-PARTY WEB SITES ACCESSED VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT MAKE ANY WARRANTY THAT THE SITE OR ANY OF ITS FEATURES, FUNCTIONS OR SERVERS THAT MAKE IT AVAILABLE WILL BE ERROR-FREE, ACCURATE, RELIABLE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS, INCLUDING VIRUSES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE, THE CONTENT, THE SUBMISSIONS, OR ANY THIRD-PARTY WEB SITES ACCESSED VIA THE SITE, OR THE RESULTS OF YOUR USE OF THE SITE, THE CONTENT, THE SUBMISSIONS OR ANY THIRD-PARTY WEB SITES, WILL BE CORRECT, ACCURATE, TIMELY, COMPLETE, OR RELIABLE OR WILL MEET YOUR SATISFACTION OR REQUIREMENTS.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
The Site is provided for information purposes only, and is not intended for commercial use. The Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
12. LIMITATION OF LIABILITY
A. Termination. We may terminate your right to view, browse, access and/or use the Site or any feature or part of the Site at any time, without notice to you. If we terminate your right to view, browse, access and/or use the Site, or any feature or part of the Site, the restrictions imposed on you with respect to Content or Submissions downloaded from the Site, the prohibition on certain conduct, the disclaimers, your representations, your indemnity, and the limitations on liability included in these Terms of Service, shall survive such termination.
B. Entire Agreement. These Terms of Service constitute the entire agreement between you and us about the subject matter contained in these Terms of Service, and supersede all prior and contemporaneous agreements or other communications (written or oral) between you and us.
C. Governing Law. These Terms of Service and your use of the Site, the Content, and the Submissions shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of law provisions. If any proceedings arise out of these Terms of Service or your use of the Site, the Content, or the Submissions, the venue for such proceedings shall be in a federal or state court in Columbus, Ohio.
D. Statute of Limitation. YOU AGREE THAT ANY CLAIM YOU HAVE ARISING OUT OF OR RELATED TO THIS SITE, THE CONTENT OR ANY SUBJECT MATTER COVERED BY THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES; OTHERWISE, SUCH CLAIM SHALL BE PERMANENTLY BARRED.
E. Severability. If any provision of these Terms of Service is found to be unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Terms of Service shall continue in full force and effect. Any failure of ours to enforce or exercise any provision of this Terms of Service or related right shall not constitute a waiver of that right or provision.
F. Local Law and Export Control. We control and operate this Site from the United States. We make no representation that materials on the Site are appropriate or available for use in any particular location. You acknowledge that you choose to access the Site on your own initiative and are responsible for compliance with any applicable local laws. You acknowledge and agree that the Content and the Submissions are subject to the U.S. Export Administration Laws and Regulations, and that diversion, export, or re-export of the Content or Submissions contrary to U.S. law is prohibited. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.