Please read these Terms of service carefully before using www.pooltracktrends.com (also referred to as "the Service") operated by Promo Only.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Intellectual property
Unless otherwise stated, POOL Track Trends and Promo Only own the intellectual property rights published on www.pooltracktrends.com and materials used by the Service. Subject to the license below, all these intellectual property rights are reserved.
License to use
You may view, download for caching purposes only, and print pages, files or other content from the Service for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
Acceptable use
You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to the Service without the Service's express written consent. This includes, but is not limited to, scraping, data mining, data extraction, data harvesting, 'framing' (iframes), and article 'spinning'.
You must not use the Service or any part of it to transmit or send unsolicited commercial communications.
You must not use the Service for any purposes related to marketing without the express written consent of the Service.
Restricted access
Access to certain areas of the Service is restricted. The Service reserves the right to restrict access to certain areas of the Service, or at our discretion, this entire Service.
Accounts
When you create an account with the Service, you must provide information that is accurate, complete and current at the time of the original creation of said account. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account with the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with the Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Other parties
The Service may contain links to third-party web sites or services that are not owned or controlled by POOL Track Trends. POOL Track Trends has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that POOL Track Trends shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You accept that, as a limited liability entity, the Service has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Service's officers or employees in respect of any losses you suffer in connection with the Service.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms will protect the Service's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Service.
Termination
We may terminate or suspend access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No warranties
The Service is provided “as is” without any representations or warranties, express or implied. The Service makes no representations or warranties in relation to this Service or the information and materials provided by this Service.
Without prejudice to the generality of the foregoing paragraph, the Service does not warrant that:
Nothing on the Service constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
The Service will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Service:
These limitations of liability apply even if the Service has been expressly advised of the potential loss.
Reasonableness
By using the Service, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use the Service.
Indemnity
You hereby indemnify the Service and undertake to keep the Service indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Service to a third party in settlement of a claim or dispute on the advice of the Service's legal advisers) incurred or suffered by the Service arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these Terms.
Breaches of these terms and conditions
Without prejudice to the Services's other rights under these Terms, if you breach these Terms and conditions in any way, the Service may take such action as the Service deems appropriate to deal with the breach, including suspending your access to the Service, prohibiting you from accessing the Service, blocking computers using your IP address from accessing the Service, contacting your internet service provider to request that they block your access to the Service and/or bringing court proceedings against you.
Governing law and severability
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have between us regarding the Service.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with the Service's Privacy Policy constitute the entire agreement between you and the Service in relation to your use of the Service, and supersede all previous agreements in respect of your use of the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new Terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.