- Terms of Service
Terms of Service
WEBSITE TERMS OF SERVICE
Last modified: 07/22/2014
This website is operated by Pools.com. The terms “we”, “us” and “our” refer to pools.com. Any parent, subsidiary, or affiliate of us, or any of our or their respective sponsors, vendors, licensors, or licensees are referred to herein as an “Affiliated Entity”. pools.com offers this website (www.pools.com) (the “Website”), including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. In addition, your use of the Website is subject to all applicable statutes, orders, regulations, rules, and other laws.
Our Website is offered and available to users who are 18 years of age or older and reside in the continental United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us, meet all of the foregoing eligibility requirements, and have given us your consent to allow any of your minor dependents to use this Website. If you do not meet all of these requirements, you must not access or use the Website.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all of the Terms, you should not access the Website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. Any updates or changes made to the Terms become effective immediately. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of those changes.
Our Website is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our products to you. Shopify processes any payments you make to purchase products on the Website and such payments may be subject to Shopify’s own terms, conditions, and policies.
SECTION 1 - ONLINE STORE TERMS
You may not use our Website for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including, but not limited to, copyright and trademark laws).
A breach or violation of any of the Terms may result in an immediate termination of your access to the Website.
We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone visiting this Website. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATED ENTITIES (as defined herein), LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse access to the Website to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and could involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is processed by Shopify and, upon information and belief, is encrypted by Shopify during transfer over networks.
By way of these Terms of Service or your authorized use and access of the Website, no partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship is created between you and us. You do not have the right to and may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without our express prior written consent. Headings and section titles in these Terms of Service are used as a matter of convenience only. We may send notices to you by updates to the Website, by e-mail, or by regular mail, in our sole discretion (in the latter two situations, to the most recent address(es) that we have on file, if any). Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial, administrative, or other legal proceedings.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 4 - PRODUCTS
Certain products may be available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange only according to our return/exchange policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We may make inventory information about products available on the Website. This information is not guaranteed to be accurate, is for informational purposes only, and may be used by you to approximate the likelihood that products will be shipped soon after you place your order. Because inventory can change significantly within a particular day and from day to day, the inventory information displayed on the Website may not be current when displayed. You acknowledge that it is possible in certain situations for a product to be displayed as “in stock” when you place your order, but “out of stock” at the time your order is processed. For any products ordered by you that are unavailable at the time your order is processed, you will be notified by email that your order will not be filled and any charges to your credit card or other payment method shall be promptly refunded or reversed.
Please be aware that PRICES AND PRODUCT AVAILABILITY LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE TO YOU. All pricing information displayed on the Website is quoted in U.S. Dollars and is valid and effective only in the continental United States.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Website is void where prohibited.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Website will be corrected.
SWIMMING POOLS AND RELATED ACCESSORIES AND SUPPLIES MAY BE DANGEROUS, EVEN DEADLY, IF USED IMPROPERLY, NEGLIGENTLY, AND/OR ILLEGALLY. PLEASE PRACTICE CAUTION WITH ANY POOL OR POOL ACCESSORIES OR SUPPLIES THAT YOU PURCHASE. WHEN YOU PURCHASE ITEMS FROM US, YOU AGREE THAT YOU WILL USE THEM IN A SAFE AND LEGAL MANNER, CONSISTENT WITH ALL APPLICABLE LAWS, RECOGNIZED SAFETY RULES, AND GOOD COMMON SENSE. YOU FURTHER AGREE THAT YOU WILL PROPERLY SUPERVISE MINORS USING THESE ITEMS. AS SET FORTH IN SECTION 11 OF THESE TERMS OF SERVICE, YOU AGREE TO ASSUME ALL RISKS RELATED TO AND/OR ARISING FROM YOUR OWNERSHIP AND USE OF THE POOLS AND RELATED ACCESSORIES AND SUPPLIES YOU PURCHASE THROUGH THE WEBSITE AND AGREE TO INDEMNIFY AND HOLD US AND OUR AFFILIATED ENTITIES HARMLESS FROM ANY AND ALL CLAIMS BROUGHT BY ANY PERSON OR ENTITY AGAINST US OR OUR AFFILIATED ENTITIES RELATED TO AND/OR ARISING FROM YOUR OWNERSHIP AND/OR USE OF THE POOLS AND RELATED ACCESSORIES AND SUPPLIES OBTAINED THROUGH THE WEBSITE.
SECTION 5 – ORDERS, SHIPPING, AND RETURNS
We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed in an unauthorized manner by dealers, resellers, or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You agree that any orders placed through the Website are subject to our shipping, and return/exchange policies. You are expected to read these policies before placing any orders with us.
From time to time, we may be unable to accept, process, or fulfill your order and may elect to cancel such orders. As such, we have the right, at our sole discretion, to reject, not fulfill, or cancel any order for any reason, including, for example, improper exploitation or misuse of promotion codes and coupons. In certain situations, you order may be cancelled because of quantity limitations, inventory issues, product description errors, pricing errors, advertisement errors, or payment method issues, such as problems identified by the fraud identification department of your credit card issuer. Your order may not be fulfilled if it requires shipping outside of the continental United States. If the product you order is unavailable, we reserve the right to substitute a product of equal value and nature. We may, depending on the circumstances, require some additional verification or information from you before fulfilling any order.
While we may sell products for use or enjoyment by children, such products are sold only to adults. If you are under 18, you may use our Website only under the supervision and direction of your parent or guardian.
SECTION 6 - OPTIONAL TOOLS AND SERVICES
We may provide you with access to third-party tools that we do not monitor and over which we have no control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
You may elect to subscribe via e-mail to receive certain content or offers, from time to time, through the Website. You agree that you are of legal age and authorized to receive such content or offers. You are responsible for the accuracy of the e-mail address you provide for any subscriptions from the Website. If the e-mail address you provide us has changed or is incorrect, it is your sole responsibility to update your e-mail address with us. In the event that your e-mail address is undeliverable, your subscription may be suspended until an accurate e-mail address is provided to the Website, and, in that case, no retroactive benefits or rewards will be available to you while your subscription is suspended. If you choose to no longer receive subscriptions from the Website, you must unsubscribe your e-mail address by clicking the “unsubscribe” button in our emails. Other methods of unsubscribing may be unsuccessful.
Further to the Terms of Service, specific rules and requirements shall govern sweepstakes, contests, or other promotions made available through the Website. If you participate in any such sweepstakes, contest, or promotion, you agree that you will become subject to those rules and requirements, which, in addition to governing such sweepstakes, contest, or promotion, may include certain rules and requirements about eligibility, such as age or geographic restrictions. You agree that you are responsible for reading and understanding such rules and requirements to determine whether or not your participation, registration and/or entry are valid and lawful.
SECTION 7 - THIRD-PARTY LINKS
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links, and any views or opinions expressed in the linked websites, do not serve as an endorsement by us or our Affiliated Entities. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents, accuracy, appropriateness, privacy policies, or data collection practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. These third-party websites may collect your data or personal information. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THIS WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We have the right to and may, as determined in our sole discretion, block or prohibit links to certain third party websites without any notice to users of the Website.
SECTION 8 – YOUR SUBMISSIONS
You acknowledge that we do not accept or desire to receive from you any unsolicited ideas, proposals, business plans, concepts, or other suggestions, whether pertaining to the Website, any Website content, or any products appearing on or through the Website, or any other commercial matter (“Idea Submissions”). THEREFORE, YOU ARE EXPRESSLY CAUTIONED AND NOTIFIED TO NOT SEND US OR OUR AFFILIATED ENTITIES ANY IDEA SUBMISSIONS THAT YOU BELIEVE TO BE PROPRIETARY TO YOU AND THAT YOU WANT US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you make available to us any Idea Submission (whether or not in response to a solicitation made on or through the Website), you agree that such Idea Submission is non-confidential, that no confidential relationship exists or shall exist with respect to any use or disclosure of such Idea Submission, and that we have no obligation to you of any kind in connection therewith. You represent that you have the right and authority to disclose such Idea Submission to us, and that no other party has any trade secret or any other rights in the Idea Submission.
SECTION 9 – LIMITED LICENSE; INTELLECTUAL PROPERTY
The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Website for your personal, non-commercial and informational use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
Modify copies of any materials from this Website.
Use any illustrations, trademarks or logos, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
You must not access or use for any commercial purposes any part of the Website or any materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com
Our name, the term POOLS.COM, and all related names, logos, product and service names, designs and slogans are our trademarks or trademarks of our affiliates or licensors. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. As between you and us, any copyrights subsisting in these Terms of Service and the Website are owned by us.
Except as specifically set forth in these Terms of Service or authorized in advance by us in writing, you shall not download, use, or reproduce any of the content or trademarks that appear on the Website. Further, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based, in whole or in part, on all or any part of the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
The Website is controlled, operated and administered by us or our authorized agents from the United States of America and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Website or any part thereof is appropriate or available for use in any locale outside of the United States. Any persons accessing the Website from such foreign locales do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. Any such foreign Website visitors are also subject to United States export controls and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may, as necessary, limit the Website's availability, in whole or in part, to any person, IP address, ISP, geographic area or jurisdiction we choose, in our sole discretion.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
You agree that from time to time we may remove the Website for indefinite periods of time or suspend the Website at any time, without notice to you. We reserve the right to withdraw or amend this Website, and any material we provide on the Website, in whole or in part; condition use of the Website upon the payment of fees; modify and/or waive any such fees; and/or provide some or all users of the Website with opportunities, in our sole discretion without notice. Neither we nor any of our Affiliated Entities will be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You expressly agree that your use of, or inability to use, the Website is at your sole risk.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, WEBSITE CONTENT, THIRD PARTY CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, WEBSITE CONTENT, THIRD PARTY CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT THAT PRODUCT SOLD THROUGH THE WEBSITE MAY BE SUBJECT TO CERTAIN TERMS AND CONDITIONS AND LIMITED WARRANTIES, AS SPECIFIED IN WRITTEN MATERIALS ASSOCIATED WITH SUCH PRODUCTS. NEITHER WE NOR OUR AFFILIATED ENTITIES, NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, WEBSITE CONTENT, THIRD PARTY CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL WE, OUR AFFILIATED ENTITIES, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY WEBSITE CONTENT, OR ANY PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SECTION 12 - INDEMNIFICATION
You agree to defend, indemnify and hold harmless us, our Affiliated Entities, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to any use of the Website's content or products obtained through the Website, your use of any information obtained from the Website, or your violation of any law or the rights of a third-party.
SECTION 13 – WAIVER AND SEVERABILITY
No waiver by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
SECTION 14 - ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against any one party.
SECTION 15 - GOVERNING LAW
All matters relating to the Website, these Terms of Service, or any product obtained through the Website, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the state of Georgia without giving effect to any choice or conflict of law provision or rule whether of the state of Georgia or any other jurisdiction.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website, or any product obtained through the Website shall be instituted exclusively in the federal or state courts of the state of Georgia, in each case located in Gwinnet County. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.
SECTION 16 - CONTACT INFORMATION
If you have any questions regarding these Terms of Service, please submit them to firstname.lastname@example.org. Likewise, and pursuant to California Civil Code § 1789.3, California users should note the following consumer rights notice: If you have a question or complaint regarding the Website, please send an e-mail to email@example.com. You may also contact us at:
1725 N Brown Rd, Lawrenceville, Georgia
Tel: 1 844 POOL 469
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.