This web page represents a legal document that serves as our
Terms of Service and it governs the legal terms of our website,
http://ultimate-pool-service.com/, sub-domains, and any
associated web-based and mobile applications (collectively,
"Website"), as owned and operated by Ultimate Pool Service.
Capitalized terms, unless otherwise defined, have the
meaning specified within the Definitions section below. This
Terms of Service, along with our Privacy Policy, any mobile
license agreement, and other posted guidelines within our
Website, collectively "Legal Terms", constitute the entire and
only agreement between you and Ultimate Pool Service, and
supersede all other agreements, representations, warranties and
understandings with respect to our Website and the subject
matter contained herein. We may amend our Legal Terms at any
time without specific notice to you. The latest copies of our
Legal Terms will be posted on our Website, and you should
review all Legal Terms prior to using our Website. After any
revisions to our Legal Terms are posted, you agree to be bound
to any such changes to them. Therefore, it is important for you
to periodically review our Legal Terms to make sure you still
agree to them.
By using our Website, you agree to fully comply with and be
bound by our Legal Terms. Please review them carefully. If you
do not accept our Legal Terms, do not access and use our
Website. If you have already accessed our Website and do not
accept our Legal Terms, you should immediately discontinue use
of our Website.
The last update to our Terms of Service was posted on March
29, 2013.
Definitions
The terms "us" or "we" or "our" refers to Ultimate Pool
Service, the owner of the Website.
A "Visitor" is someone who merely browses our Website, but
has not registered as Member.
A "Member" is an individual that has registered with us to
use our Service.
Our "Service" represents the collective functionality and
features as offered through our Website to our Members.
A "User" is a collective identifier that refers to either a
Visitor or a Member.
All text, information, graphics, audio, video, and data
offered through our Website are collectively known as our
"Content".
Legal Compliance
You agree to comply with all applicable domestic and
international laws, statutes, ordinances, and regulations
regarding your use of our Website. Ultimate Pool Service
reserves the right to investigate complaints or reported
violations of our Legal Terms and to take any action we deem
appropriate, including but not limited to canceling your Member
account, reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such
persons or entities relating to your profile, email addresses,
usage history, posted materials, IP addresses and traffic
information, as allowed under our Privacy Policy.
Intellectual Property
Our Website may contain our service marks or trademarks as well
as those of our affiliates or other companies, in the form of
words, graphics, and logos. Your use of our Website does not
constitute any right or license for you to use such service
marks/trademarks, without the prior written permission of the
corresponding service mark/trademark owner. Our Website is also
protected under international copyright laws. The copying,
redistribution, use or publication by you of any portion of our
Website is strictly prohibited. Your use of our Website does
not grant you ownership rights of any kind in our Website.
Links to Other Websites
Our Website may contain links to third party websites. These
links are provided solely as a convenience to you. By linking
to these websites, we do not create or have an affiliation
with, or sponsor such third party websites. The inclusion of
links within our Website does not constitute any endorsement,
guarantee, warranty, or recommendation of such third party
websites. Ultimate Pool Service has no control over the legal
documents and privacy practices of third party websites; as
such, you access any such third party websites at your own
risk.
General Terms
Our Legal Terms shall be treated as though it were executed and
performed in California, United States, and shall be governed
by and construed in accordance with the laws of California,
United States, without regard to conflict of law principles. In
addition, you agree to submit to the personal jurisdiction and
venue of such courts. Any cause of action by you with respect
to our Website, must be instituted within one (1) year after
the cause of action arose or be forever waived and barred.
Should any part of our Legal Terms be held invalid or
unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full
force and effect. To the extent that any Content in our Website
conflicts or is inconsistent with our Legal Terms, our Legal
Terms shall take precedence. Our failure to enforce any
provision of our Legal Terms shall not be deemed a waiver of
such provision nor of the right to enforce such provision. The
rights of Ultimate Pool Service under our Legal Terms shall
survive the termination of our Legal Terms.
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