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Please read and acknowledge the following acceptable use policy before filling in the registration information:
By using www.howibuiltmyownpool.com, you are agreeing to abide by these Terms of Use. Please read this carefully, because it affects your legal rights.
Acceptance of Terms of Use
www.HowIBuiltMyOwnPool.com (the "Service") is provided to you by [BSC Enterprises LLC.]("we,""us" and "our"). BY USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. Subject to the terms and conditions of these Terms of Use, we hereby grant you a nonexclusive, revocable, nontransferable limited license to use the Service. If you do not agree to these Terms of Use, you may not use the Service. We may, in our sole discretion, amend these Terms of Use, at any time, by posting new text within the Terms of Use portion of the Service. Each such change shall be effective fifteen(15) days following such posting. Your continued use of the Service following the effectiveness of any such changes will indicate your agreement to be bound by such amended Terms of Use.
From time to time, we may supplement these Terms of Use with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on the Service to be viewed in connection with the specific content or events and shall be identified as such. Such Additional Terms are hereby incorporated by reference into these Terms of Use.
You represent to us that you have the authority to register with the Service according to these Terms of Use. You must be over the age of 13 to use this Service.
Termination or Modification of the Service
You agree that we may at any time, and for any reason, modify, change, terminate or suspend any component(s) of the Service, without notice and without liability to you or any third party. We may also impose limits on certain features of the Service or restrict your or any third party's access to part or all of the Service for any reason (including, without limitation, your breach of these Terms of Use) or no reason, without notice or penalty.
User Conduct
You warrant and agree that, in connection with your use of the Service, you will not: (a) violate any applicable local, state, national, foreign or international law, statute, ordinance, rule or regulation; (b) impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity; (c) upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licenses, including without limitation any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right (collectively, "Rights"); (d) interfere with or disrupt the use of the Service, nor interfere with the use of the Service by any user nor "stalk", threaten, or in any manner harass any other user; (e) upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any "investment opportunities" (except as may be expressly permitted by the use of the Service); (f) upload, post, transmit, publish, or distribute any material or information that contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Service or that of other computer systems; (g) use the Service in such a manner as to gain unauthorized entry or access to the computer systems of others; (h) upload, post, transmit, publish, link to or distribute any material or information (1) which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law or (2) which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or (i) reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Service (including, but not limited to any materials or information accessible through the Service).
We have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time and for any reason in our sole discretion, any material and content anywhere on the Service, including but not limited to bulletin boards and other forums. Notwithstanding this right, we do not and cannot review all materials posted to the Service by users and we are not responsible for any such materials posted by users.
Intellectual Property Rights
You acknowledge that you will not acquire any Rights to any materials or information on the Service by downloading any such information or materials from the Service.
By submitting content to the Service, including (but not limited to) message boards, forums, and other general methods of information posting, you grant us and our affiliates a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights in such content has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above.
Third Party Issues
The Service offers information on and displays advertisements for products or services sold by persons not affiliated with us (each such person, a "Vendor"). We present these features to you for your information only. We do not endorse these products and services. We make no representations or warranties regarding any such Vendor product or service, whether presented on the Service or in a separate email from us or any third party to you. All matters concerning any Vendor product or service are solely between you and such Vendor, whether or not we may have received some form of revenue or other remuneration in connection with any such matter. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, OUT OF ANY SUCH MATTER.
We may provide links to resources which are beyond our control. We are not responsible for the content on the Internet or world wide web pages that is contained outside our site. When you leave the Service and enter a Vendor's website, or any other website, your rights and obligations will be governed by the agreements and policies of that website. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH WE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST US WITH RESPECT TO SUCH SITES.
General Disclaimer of Warranties
While we take great care in the information we provide, we do not guarantee the accuracy or completeness of any information on or provided in connection with the Service. Please remember that the information we provide is general. Our advice, guidance, and other information cannot completely anticipate your situation. Accordingly, we provide the Service with the understanding that you will exercise common sense and sound judgment in the use of information we provide. We encourage you to seek appropriate professional advice or care for any situation or problem which you may have.
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE.
YOU EXPRESSLY AGREE TO HOLD US HARMLESS FOR ANY PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH, OR ANY OTHER LOSS OR DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SERVICE.
No advice or information, whether oral or written, obtained by you from us or through the service, it's employees, consultants and/or experts shall create any warranty not expressly made herein.
Limitation of Liability
IN NO EVENT SHALL WE, OUR EMPLOYEES, EXPERTS, CONSULTANTS, ADVISORS, OFFICERS, DIRECTORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE EQUIPMENT OR SERVICES). IN NO EVENT WILL OUR LIABILITY AND THE LIABILITY OF OUR EMPLOYEES, EXPERTS, CONSULTANTS, ADVISORS, OFFICERS, DIRECTORS, OR AFFILIATES, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SERVICES OR YOUR USE THEREOF, HOWEVER ARISING, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE COST OF THE PAID SUBSCRIPTION FOR SPECIAL ACCESS, REGARDLESS OF WHETHER WE AND/OR OUR EMPLOYEES, EXPERTS, CONSULTANTS, ADVISORS, OFFICERS, DIRECTORS, OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. THESE LIMITATIONS APPLY TO ANY THIRD-PARTY CLAIMS AGAINST ANY USER. SOME JURISDICTIONS LIMIT DISCLAIMERS OF CERTAIN LIABILITIES, SO CERTAIN OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold us, our parents, subsidiaries, affiliates, consultants, advisors, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out or relating to (a) your use of the Service, (b) the violation of these Terms of Use by you, or (c) the infringement by you, or any other person using your account, of any intellectual property or other right of any person or entity; provided that we (i) provide you with prompt written notice of such claim; (ii) permit you to control the defense and settlement of such claim; and (iii) do not enter into any settlement or compromise of any such claim.
Copyright
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Service that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact the complaining party; (e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the state of Arizona without regard to conflicts of laws principles thereof. Both parties submit to jurisdiction in Arizona and further agree that any cause of action arising under these Terms of Use shall be brought exclusively in any state or federal court located in Phoenix, Arizona.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use (including the Privacy Policy and any Additional Terms posted on or linked to by the Service and incorporated herein by reference) set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
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