INTRODUCTION

By visiting PoolDesignStudio.com.com you agree to abide by the Terms of Use described below. We have created these rules and guidelines to protect you and to ensure that PoolDesignStudio.com's website is safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the terms of use below, please do not access or use this site. Copyright © 2004 PoolDesignStudio.com . All other rights reserved.

LEGAL NOTICE AND DISCLAIMER

PoolDesignStudio.com obtains all information, downloadable files and software contained herein from sources believed by PoolDesignStudio.com to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, PoolDesignStudio.com shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or software available at the PoolDesignStudio.com website. PoolDesignStudio.com makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user at the PoolDesignStudio.com website. Information and software may be changed at any time without notice of any kind. The information and software on this site are provided "as is" without expressed or implied warranty of any kind. PoolDesignStudio.com disclaims all warranties with regard to the information and/or software, including all implied warranties of merchantability and fitness for a particular purpose. In no event shall PoolDesignStudio.com be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on PoolDesignStudio.com's website. Some U.S. states and foreign countries provide rights in addition to those above, or do not allow limitation or exclusion of implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of the clause. These terms may only be amended in writing, must be signed by PoolDesignStudio.com 's authorized representatives, and shall be governed by the laws of the Commonwealth of Pennsylvania.

LINKS TO THIRD PARTY SITES

The links to third parties contained within this website will allow you to leave PoolDesignStudio.com’s site. The sites that are linked to PoolDesignStudio.com’s site are not under the control of PoolDesignStudio.com. PoolDesignStudio.com is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. PoolDesignStudio.com provides these links only as a convenience to you, the user of the website; and the inclusion of any link does not imply endorsement by PoolDesignStudio.com of the linked site.

Any rights not expressly granted by PoolDesignStudio.com herein are expressly reserved.

PoolDesignStudio.com WEBSITE TERMS OF USE

ACCEPTANCE OF TERMS OF USE   http://www.PoolDesignStudio.com/:

The access to PoolDesignStudio.com’s site is provided free of charge. ("PoolDesignStudio.com") under these Terms of Use. Although portions of PoolDesignStudio.com’s site may be viewed simply by visiting the site, in order to access the e-commerce site and/or receive additional services from PoolDesignStudio.com you may need to sign on as a guest or register as a member of PoolDesignStudio.com’s site. If you sign on to PoolDesignStudio.com’s site as a guest or if you register as a member of PoolDesignStudio.com’s site community, these Terms of Use will govern your use of PoolDesignStudio.com’s site, including access to message boards and other features.

BY SIGNING ON TO PoolDesignStudio.com’s SITE AS A GUEST AND/OR BY COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.

These Terms of Use govern your use of PoolDesignStudio.com’s site and all services provided in connection with PoolDesignStudio.com’s site. PoolDesignStudio.com shall not be liable to you for any breach of these Terms of Use. In addition, PoolDesignStudio.com does not bear any fiduciary responsibility to any user of this website. If you do not agree to these Terms of Use, please do not register for or enter PoolDesignStudio.com’s site. The Terms of Use for your continued use of PoolDesignStudio.com’s site will be posted on the PoolDesignStudio.com site. Please check this area before using PoolDesignStudio.com’s site to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please arrange to terminate your registration with PoolDesignStudio.com’s site immediately (i) by notifying PoolDesignStudio.com of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of PoolDesignStudio.com’s site. Your continued use of PoolDesignStudio.com’s site shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.

From time to time PoolDesignStudio.com may supplement these Terms of Use with additional Terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on PoolDesignStudio.com’s site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

REGISTRATION INFORMATION/PRIVACY POLICY

When you engage in certain activities on this site, such as ordering products, downloading software, or entering contests, PoolDesignStudio.com may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, PoolDesignStudio.com may require that you provide certain personal information, such as your name, mailing address, e-mail address, and other personal identifying information. When ordering products on the web site, you may be asked to provide a credit card number. In some countries, PoolDesignStudio.com is represented by an exclusive reseller who provides marketing, sales, and support services on behalf of PoolDesignStudio.com in the interest of providing better service to customers residing in that country. When you submit personal information to PoolDesignStudio.com, you understand and agree that if you reside in a country where PoolDesignStudio.com is represented by an exclusive reseller, PoolDesignStudio.com may forward your customer profile to that reseller. Your personal information will not be leased, sold, rented or otherwise made available to any other third party except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. Occasionally, PoolDesignStudio.com allows access to database information to bonded mailing houses only for the purpose of allowing for the printing of mailing labels that are used for PoolDesignStudio.com's own direct mail and promotional purposes. In those instances, the third party is bound by these terms. All information collected, regardless of type, will be protected pursuant to the Privacy Act and the Freedom of Information Act.

PoolDesignStudio.com collects this information in order to record and support your participation in the activities you select. If you order a product, for example, the information is used to register your license and rights, if any, to upgrade discounts, technical support, or other benefits that may be made available to registered users. If you enter a contest, information is collected to qualify the entry and contact you regarding the contest or prize awards. PoolDesignStudio.com also uses information that you provide as part of our effort to keep you informed about product upgrades, special offers, and other PoolDesignStudio.com products and services.

Other provisions contained herein to the contrary notwithstanding, you hereby agree that PoolDesignStudio.com may assign, sell, license, or otherwise transfer to a third party, your name, address, email address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a material portion or essentially all of the assets or stock of PoolDesignStudio.com or its affiliated entities.

Your personally identifying information will not be used by PoolDesignStudio.com for editorial purposes unless you first agree in writing. PoolDesignStudio.com may also use such information for PoolDesignStudio.com promotional and marketing purposes. PoolDesignStudio.com respects your privacy. We recognize and appreciate the importance of responsible use of this information and realize that not everyone likes to receive special offers or information about PoolDesignStudio.com products.

If you would like your name deactivated from PoolDesignStudio.com’s lists, or if you would like to unsubscribe from PoolDesignStudio.com’s e-mail bulletins, please use the contact information below to request that PoolDesignStudio.com deactivate you from its lists. Be sure to include your name, postal address, telephone number, information contained in your PoolDesignStudio.com mailer, and/or other necessary information needed for deactivation.

PoolDesignStudio.com will use reasonable efforts to honor your requests, but we appreciate your patience in allowing us a reasonable amount of time for processing.

You should be aware that when you voluntarily disclose personal information (e.g., user name, e-mail address, physical address, etc.) publicly on PoolDesignStudio.com’s discussion forum, that information can be viewed and used by others and may result in unsolicited messages from other posters or parties.

USE OF COOKIES

When you visit PoolDesignStudio.com .com, you can surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, we use "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access those pages.)

While PoolDesignStudio.com uses cookies to track your visit to PoolDesignStudio.com.com, and our Web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided PoolDesignStudio.com with personal information.

Please note that PoolDesignStudio.com is not responsible for the content or privacy practices of non-PoolDesignStudio.com Web sites to which PoolDesignStudio.com.com may link.

Users may send e-mail to us at info@PoolDesignStudio.com with any further questions.

MODIFICATION OF THESE TERMS OF USE

PoolDesignStudio.com may modify these Terms of Use from time to time at its sole discretion. Each time you log on to PoolDesignStudio.com’s site, you will be deemed to have accepted any such changes, unle you arrange to terminate your registration with PoolDesignStudio.com’s site immediately (i) by notifying PoolDesignStudio.com of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of PoolDesignStudio.com ’s site.

MODIFICATION OF THE PoolDesignStudio.com SITE

CONTENT OF MESSAGES

You also agree not to use PoolDesignStudio.com’s site to send or post on message boards or any place on PoolDesignStudio.com’s site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. PoolDesignStudio.com reserves the right to delete any such material from PoolDesignStudio.com’s site. PoolDesignStudio.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section 5.

You agree not to post or use PoolDesignStudio.com ’s site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) PoolDesignStudio.com permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to PoolDesignStudio.com’s site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that Rights do not protect any information, software, images or any other content on PoolDesignStudio.com’s site rests with you. You acknowledge that PoolDesignStudio.com may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any "public area" of PoolDesignStudio.com’s site, including message boards, forums, contests and/or chat rooms, you grant PoolDesignStudio.com and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on PoolDesignStudio.com’s site retains any and all Rights that may exist in such content.

Special routing icons may be included within PoolDesignStudio.com’s site, the activation of which will allow you to access and learn more about PoolDesignStudio.com and other services provided by PoolDesignStudio.com or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF PoolDesignStudio.com’s SITE IS AT YOUR SOLE RISK. PoolDesignStudio.com’s SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PoolDesignStudio.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PoolDesignStudio.com MAKES NO WARRANTY THAT PoolDesignStudio.com’s SITE WILL MEET YOUR REQUIREMENTS, OR THAT PoolDesignStudio.com’s SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PoolDesignStudio.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PoolDesignStudio.com ’sSITE. PoolDesignStudio.com WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF PoolDesignStudio.com’s SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PoolDesignStudio.com’s SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT PoolDesignStudio.com DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH PoolDesignStudio.com’s SITE. PoolDesignStudio.com IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER PoolDesignStudio.com NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN PoolDesignStudio.com’s SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. PoolDesignStudio.com ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.

PoolDesignStudio.com SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN PoolDesignStudio.com’s SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PoolDesignStudio.com OR THROUGH PoolDesignStudio.com’s SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

PoolDesignStudio.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH PoolDesignStudio.com’s SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH PoolDesignStudio.com’s SITE.

PoolDesignStudio.com IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE PoolDesignStudio.com’s SITE. AS A CONVENIENCE TO PoolDesignStudio.com’S USERS, PoolDesignStudio.com MAY PROVIDE LINKS TO RESOURCES THAT ARE BEYOND PoolDesignStudio.com’S CONTROL. PoolDesignStudio.com MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH PoolDesignStudio.com MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST PoolDesignStudio.com WITH RESPECT TO SUCH SITES.

Limitation of Liability
PoolDesignStudio.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE PoolDesignStudio.com’s SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH PoolDesignStudio.com’s SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF PoolDesignStudio.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Promotional Messages
PoolDesignStudio.com may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. PoolDesignStudio.com makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained from PoolDesignStudio.com, and you agree that PoolDesignStudio.com shall not have any liability with respect thereto.

Indemnification
You agree to indemnify and hold each officer and/or employee of PoolDesignStudio.com, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of PoolDesignStudio.com ’s site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be Texas State and U.S. Federal courts sitting in the County of Fort Bend or, the Texas State and U.S. Federal courts having within their jurisdiction the location of PoolDesignStudio.com's principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.

Remedies for Breach of these Terms by You

In the event that PoolDesignStudio.com determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of PoolDesignStudio.com’s site, PoolDesignStudio.com reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to PoolDesignStudio.com’s site, (iii) delete all content provided by you to PoolDesignStudio.com’s site, (iv) discontinue your registration with PoolDesignStudio.com’s site and/or any other PoolDesignStudio.com community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which PoolDesignStudio.com deems to be appropriate.

Miscellaneous

PoolDesignStudio.com may assign its rights and obligations under these Terms of Use and upon such assignment PoolDesignStudio.com may be relieved of any further obligation hereunder.

You represent to PoolDesignStudio.com that you have the authority to register with PoolDesignStudio.com’s site according to these Terms of Use.

These Terms of Use and any Additional Terms (as such terms shall be identified when posted on PoolDesignStudio.com’s site by PoolDesignStudio.com) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of PoolDesignStudio.com, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.

PoolDesignStudio.com reserves the right to charge fees, surcharges and/or membership fees at any time without any notice to you.