These Terms of Use govern your use of the website located at AAABarPools.com (the “Site”) owned or operated by AAABAR Swimming Pools (“ompany” or “we” or “us”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. If you do not agree to these Terms of Use, you may not access or otherwise use the Services.
As between you and Company, Company owns the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Site, and the look and feel, design and organization of the Site. This includes all intellectual property and proprietary rights in these materials. When you use or download materials from the Site, you do not acquire any ownership of any such content, code, data, or materials. Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on the Site. Doing so may violate or infringe copyright and other laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.
The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Company (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits Company or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our prior written permission.
When you use the Site, you may be asked to provide certain personal information to us (“User Information”). Our information collection and use policies with respect to such User Information are set forth in our Privacy Policy. The Privacy Policy is part of these Terms of Use. You are solely responsible for the accuracy and content of your User Information.
You are responsible for your use of the Site. We prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not:
We reserve the right to refuse service and/or terminate access to the Site without prior notice for any user who violates these policies.
If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback (“Feedback”), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.
You will fully compensate us and our directors, officers, employees, and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs, and expenses, including reasonable legal fees costs, arising from your use of the Site or your breach or violation of law or these Terms of Use. We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.
You may be able to access or use the Site from a third-party website, Internet resource, or software application (“Linked Sites”). You may also be able to access and use a Linked Site from a link available on the Services. We have no responsibility for Linked Sites. The inclusion of any link to such Linked Sites anywhere on the Site does not imply our endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. We do not promise that the contents of any Linked Site are accurate or compliant with local, state or federal law, including any intellectual property laws. Your use of any Linked Site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.
To the maximum extent permitted under applicable laws, neither company nor its affiliates, nor any of their directors, officers, employees, or agents will be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to the services, even if advised of the possibility of such damages. To the maximum extent permitted under applicable laws, in no event shall the total aggregate liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms of use or your use of the site exceed $100.00, in the aggregate. Some jurisdictions do not allow the exclusion or limitation of damages, so some of the above limitations may not apply to certain users. To the extent company may not, as a matter of applicable law, limit its liabilities, the extent of company’s liability shall be the minimum permitted under such applicable law.
The Terms of Use and the relationship between you and us shall be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions.
Company may change, suspend, or discontinue any aspect of the Site at any time. If you violate any of these Terms of Use, your permission to use the Site automatically terminates.
Company may, at its sole discretion, change, add to or remove any portion of these Terms of Use at any time. Changes in these Terms of Use will be effective when posted on the Site. Your continued use of the Site and/or the services offered on or through the Site after any changes to these Terms of Use are posted will be considered acceptance of those changes.
You and Company agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Company hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Company relating to the Site or these Terms of Use (each a “Claim”) shall be submitted for binding arbitration in accordance with to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements governing your use of the Services. The arbitrator shall not have the power to award punitive damages against any party. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or company’s individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the arbitration rules, and the right to certain remedies and forms of relief. Other rights that you or Company would have in court also may not be available in arbitration.
Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree that the arbitrator or court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.
