Agreement to Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE, YOU ARE AGREEING TO COMPLY WITH THESE TERMS AND CONDITIONS
These Terms and Conditions of Use (“Terms and Conditions) apply to the Clear-elements website located at www.clear-elements.com and all associated sites linked to these Terms and Conditions by Pool Corporation and its subsidiaries and affiliates (collectively, the “Site”). If you do not agree with any of these Terms and Conditions, do not use the Site. Pool Corporation and its subsidiaries and affiliates (collectively, the “Company,” “we,” “us,” or “our”) may update these Terms and Conditions from time to time with or without notice to you. Your continued use of the Site indicates your acceptance of any modifications to these Terms and Conditions.
The Site is intended for use only by adults, and any access to or use of the Site by minors is only allowed with parent supervision By accessing the Site, you represent and warrant that you are at least 18 years of age and possess the legal authority to allow children on this website
Restrictions on Use
You may use this Site and the Content solely for informational, non-commercial, personal purposes. You may not use the Site or the Content for any purpose not expressly permitted in these Terms and Conditions. You may not co-brand, frame or mirror the Site or any Content.
Pricing and Availability
Any pricing information listed on this Site is subject to change without notice. Certain items listed as part of our inventory herein may be discontinued or may be unavailable in some areas. Not all items listed herein are kept in stock for immediate delivery. All sales of products listed herein are subject to our usual terms and conditions of sale. The materials on the Site with respect to products and services may be out of date, and Company makes no commitment to update the materials on the Site with respect to such products and services.
The Content is provided on a gratis basis for informational purposes only and may not be relied upon for any purpose. The pool information contained in this Site is intended, in part, to alert the reader to certain pool maintenance issues. You should consult your local Company sales centers or a local pool professional for relevant information regarding your particular circumstances, climate and geography. The information contained herein is not intended as a substitute for professional consultation regarding pool installation, pool maintenance or pool repair. The services of a competent professional should be sought before undertaking pool installation, pool maintenance or pool repair. Professionals should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Nothing contained in this Site constitutes investment or financial advice.
Limitation of Liability
Use of the Site and Content is at your own risk. In using this Site, you understand that you are releasing Company and all their officers, employees, agents, owners, affiliates and subsidiaries, whether direct or indirect (hereafter "Released Parties") from any and all liability for any direct, indirect, exemplary, consequential or punitive damages which arise out of or are in any way connected with your access to or use of this Site, the Content, or any website linked to the Site. You agree that this waiver of all liability includes, but is not limited to, any damages due to computer viruses that may enter your computer equipment due to accessing or downloading information from the Site, loss of information or data, damages arising out of service interruptions, negligence or any other cause of action relating to your access, use or inability to access or use the Site, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER¬WISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
If, notwithstanding the other provisions of these Terms and Conditions, Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, any Content, or any linked website, Company’s liability shall in no event exceed the greater of (1) the total of any fees paid by you with respect to any service or feature of the Site in the six months prior to the date of the initial claim made against Company (but not including the purchase price or license fee for any Company services or products), or (2) US$100.00. If you live in a jurisdiction that does not allow certain limitations of liability, Company’s liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify and hold the Released Parties harmless from and against any demand, loss, liability, claim or expense (including attorneys’ fees), made against them by any third party which arises out of or is in any way connected with your use of the Site, the Content, or any linked website. You expressly waive and renounce all your rights of whatever nature that you may have against Company for any loss suffered by you as a result of your use of the Site, the Content, or any linked website.
Proprietary and copyright protected information
All material and content accessible on the Site, including without limitation (a) text, images, photographs, graphics, sounds, music, artwork, reports, research, guidelines, information, data, articles, descriptions, instructions, advice, documents, and other works of authorship, (b) technology, designs, methods, ideas, concepts, know-how, techniques, and (c) software, computer code, architecture, hidden text and symbols, user interfaces, look and feel, visual interfaces, layout, design, arrangements, structure, selection, coordination, and expression (collectively the "Content") is the proprietary information of Company and its licensors, and Company and its licensors retain all right, title, and interest in and to the Content now and in the future. This Site, including all Content, is protected by trade secret, copyright, patent and trademark laws, and various other U.S. and international laws and treaties.
You agree to comply with all applicable laws worldwide in your use of this Site, and agree that the Site and Content may not be copied, distributed, republished, altered, uploaded, posted, publicly displayed, encoded, translated, or transmitted in any way, in whole or in part, without the prior written consent of Company. If Company grants written consent, you may not remove or alter any copyright, trademark or other proprietary notice appearing on any of the Content.
You may not use any deep-link, page-scrape, robot, spider or other device, program, algorithm or methodology, or any similar process, to access or copy any portion of the Site or Content. No intellectual property rights are transferred to you by access to the Site or otherwise.
The Site may include links to third party websites or resources. Company makes no claim or representation regarding, and shall not have any responsibility or liability for, the reliabili¬ty, quality, content, nature or accuracy of such third party websites or resources. Company does not review or endorse any of the third-party websites linked to the Site.
Third Party Content
Any opinions, advice, statements, services, offers, event details or other information or content expressed or made available through this Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Company. Company neither endorses nor is responsible for the accuracy or reliability of any such opinion, advice, information, or statement made on this Site.