Conditions of Use
Welcome to www.MyPoolYard.com (the "Site"). This page ("Notice") states the terms and conditions of the Site. Please review this Notice carefully. By accessing, browsing, or using the Site ("Use"), all users and viewers ("You," "you," "User," or "user") acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. MyPoolYard.com and its subsidiaries reserve the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically for updates and changes.
The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, please do not use the Site.
MyPoolYard.com grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the "Material") are exclusive property of MyPoolYard.com or its content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (1) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (2) use the Material on other web sites or any media, e.g., networking environment, without MyPoolYard.com's prior written consent.
All trademarks, service marks, and logos (the "Marks") displayed on the Site are exclusive property of MyPoolYard.com and their respective owners. You shall not use the Marks in any manner without MyPoolYard.com's and their respective owners' prior written consent.
4. User Submissions.
The Site provides a forum for you to obtain event and ordering information. By submitting or entering your information to the Site ("Submitted Material"), you agree that you grant MyPoolYard.com a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Material, and by any means, forever and worldwide.
You acknowledge and accept that MyPoolYard.com is only a passive forum for users to obtain service and event information. MyPoolYard.com does not screen or monitor any Submitted Materials. MyPoolYard.com, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Materials. MyPoolYard.com reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Materials that MyPoolYard.com considers to be unacceptable. In the event MyPoolYard.com receives notification regarding any unacceptable Submitted Materials, MyPoolYard.com may investigate such materials, in its sole discretion.
You acknowledge and agree that MyPoolYard.com may retain copies of your Submitted Materials and disclose your Submitted Materials to a third party if MyPoolYard.com believes that it is necessary to: protect the integrity of the Site, protect rights of MyPoolYard.com, comply with any court order, comply with any legal proceedings, assert MyPoolYard.com's claim under this Notice and satisfy any claims regarding violations of third party's rights.
5. General Prohibition
In connection with your Use, you agree NOT to:
- violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws,
- access or attempt to access any account or login of any third party listed on the Site,
- use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without MyPoolYard.com's prior written consent,
- infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party,
- breaches any of your contractual or confidentiality obligations,
- breach or attempt to breach any security measures of the Site.
6. Account and password
The Site may present you with opportunities to open an account with the Site. If you open an account with the Site, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify MyPoolYard.com if there is any unauthorized use of your account or any breach of security.
7. Links to third party
The Site may have links, such as hyperlinks or buttons, directing access to third party's web sites ("Linked Sites"). The Linked Sites may not be controlled or monitored by MyPoolYard.com. MyPoolYard.com shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between MyPoolYard.com and the owner of the Linked Sites or any endorsement or sponsorship by MyPoolYard.com of the Linked Sites. MyPoolYard.com includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgement, caution, and common sense in using the Linked Sites.
Please click for more details regarding our Website Privacy Notice.
You acknowledge and accept that: (a) You assume all risks related to or resulting from your usage, viewing, or access of the Site. The Site is provided on an "as is" and an "as available" basis. (b) MyPoolYard.com expressly disclaims all warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or warranties arising from course of performance, course of dealing or usage. (c) MyPoolYard.com expressly disclaims all warranties that (i) the Site and its materials will be error-free or virus-free; (ii) the site will be uninterrupted and secure; (iii) the site will be uninterrupted and available at all times; (iv) the site will meet your requirements; and (v) the reliability, accuracy, completeness, validity, or truthfulness of any submitted materials.
13. Liablity and limitations of liablity
You agree to assume all risks associated with, arising out of, or resulting from your use of the site or any submitted materials, including, but not limited to, the risks of financial loss, physical harm, property damages, dealing with other users of the site, strangers, minors, or foreign nationals, and persons acting under false pretense. You further agree to release MyPoolYard.com, its parents, subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, demands, damages (direct, indirect, and consequential) of any kind or nature, known or unknown, associated with, arising out of, or resulting from your usage of the site, your submitted materials, any transactions related to or resulting from your use of the site. if you are a California resident, you waive California civil code.
MyPoolYard.com and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Prices are subject to change without prior notice.